Pubdate: Thu, 04 Sep 2003
Source: Toronto Sun (CN ON)
Copyright: 2003, Canoe Limited Partnership.
Contact:  http://www.canoe.com/NewsStand/TorontoSun/home.html
Details: http://www.mapinc.org/media/457
Author: Gretchen Drummie, Courts Bureau

COP'S LIES KILL DRUG CHARGES

Serious charges against four men accused of supplying drugs to the Satan's 
Choice biker gang were dismissed yesterday after a judge found an OPP cop 
took the law "in his own hands" and lied under oath to get wiretap 
authorizations. As a result, the wiretap evidence was excluded from the 
trial, and without it the Crown was unable to prosecute further.

The case, which began more than six years ago as the seven-forces Project 
Dismantle operation from southern Ontario to Thunder Bay and involved the 
arrests of about 50 people, ended with 20 drug and weapons charges being 
dismissed against the remaining four. They are Athanasios Bogiatzis, Thomas 
Christodoulou, Paul Cusato and Reginald Churchill.

The charges were tossed due to a lack of evidence after Justice John 
MacDonald ruled wiretaps in the case never should have been authorized 
because affidavits included lies by OPP wiretap expert Det. John Cavanaugh.

WIRETAP EVIDENCE ESSENTIAL

Federal prosecutor Moiz Rahman said that the wiretap evidence was essential 
to the prosecution's case, and without it the Crown couldn't obtain a 
conviction. He asked all counts be dismissed.

Defence lawyers Delmar Doucette and John Hill said an inquiry and full 
investigation should be held. Hill said he has "never seen anything like 
this " in his 28 years as a lawyer.

"We need to obtain the court transcript, speak to the Crown attorney and 
obtain the facts before we make any comment," OPP Supt. Bill Crate said.

MacDonald found Cavanaugh misled and defrauded the Superior Court judges 
who issued the six wiretap authorizations. He also lied under oath while 
testifying at a preliminary inquiry and destroyed documentary evidence he 
used as the foundation of affidavits he swore to obtain the wiretap 
authorizations.

"Det. Cavanaugh did not act in good faith. His falsehoods and misleading 
statements in obtaining the wiretap authorizations ... were deliberately 
deceitful," MacDonald said.
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MAP posted-by: Jay Bergstrom