Pubdate: Fri, 01 Nov 2002
Source: Toronto Sun (CN ON)
Copyright: 2002, Canoe Limited Partnership.
Contact:  http://www.fyitoronto.com/torsun.shtml
Details: http://www.mapinc.org/media/457
Author: Gretchen Drummie

'REVERSE STING' GETS NEW TRIAL

Appeal Court Overrules Drug Deal Acquittal

The Court of Appeal yesterday ordered a new trial for an accused drug 
dealer who was acquitted after a judge found the "reverse sting" used to 
nab him was unlawful and constituted trafficking in a narcotic by the police.

In a reverse sting, undercover officers offer to sell drugs to a target and 
if the negotiations are successful the officers produce the drugs, the 
suspect buys them and then is arrested.

Ramkishore Jageshur was acquitted in November 2000 of charges of 
trafficking in cocaine after the judge found the reverse sting in this case 
was an abuse of process and he excluded evidence obtained by the police in 
the course of the sting. The Crown had no other evidence and he was acquitted.

The charge arose from allegations that Jageshur in late 1996 sold one kilo 
of cocaine to an undercover police agent. In the summer of 1997, it's 
alleged he agreed to buy 18 kilos of cocaine from undercover officers and 
made a deposit of $80,000. A few days later, court heard, the undercover 
officers produced the drugs and it's alleged Jageshur paid the outstanding 
amount. He was arrested and charged. The Crown appealed the acquittal 
arguing the trial judge erred in ruling the reverse sting was unlawful.

The appeal court found the sting did not violate the Controlled Drugs and 
Substances Act.

Since there was no illegality, the appeal court said the trial judge's 
finding of an abuse of process could not stand.
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MAP posted-by: Beth