Pubdate: Wed, 10 Sep 2003 Source: Edmonton Sun (CN AB) Copyright: 2003, Canoe Limited Partnership. Contact: http://www.fyiedmonton.com/htdocs/edmsun.shtml Details: http://www.mapinc.org/media/135 Author: Darcy Henton, Canadian Press NET CAST TOO WIDE: EXPERTS Police and Crown prosecutors are biting off more than the courts can chew when they try to curb gang activity by laying multiple charges against many suspects, legal experts say. A judge's decision this week to dismiss a criminal case against 11 people should tell authorities to focus on the most serious offenders rather than cast too wide a net, lawyers, academics and police experts contend. They point to gang trials in other jurisdictions that have suffered similar setbacks when the massive cases bogged down in the courts. "These cases are just too unwieldy," said University of Manitoba law professor Lee Stuesser. "Any objective observer looking at the number of people charged and the number of people involved would say to the Crown: 'Don't do it.' " On Monday, Justice Doreen Sulyma of Edmonton's Court of Queen's Bench stayed charges against the men, who were accused of trafficking cocaine. They have spent four years awaiting trial, and most spent six months to a year in custody. Sulyma blasted the Crown and police for failing to disclose 38 boxes of evidence until late in the proceedings, calling it "nothing short of shocking." She blamed the Crown for dragging out the proceedings a year longer than necessary. Her ruling raises concern about the outcome of another case against eight others arrested at the same time. Anne McLellan, federal justice minister when the charges were laid, defended the system yesterday, saying no one is to blame. "I do think we need to put a premium on making sure everyone understands we will prosecute organized crime in this country and we will ... get where appropriate, obviously, convictions and we need to redouble our efforts." But law professors say it should come as no surprise that the system isn't working. "You can't bring those charges, based on all the amount of disclosure you need," said Stuesser. "It's just not doable." Stuesser said Manitoba authorities had similar problems when they tried to prosecute suspected members of the Manitoba Warriors three years ago and ended up accepting plea bargains on lesser charges after spending $6 million to build a secure courtroom to handle the trial. He said Manitoba appears headed down the same path with another trial slated to start in January against five suspected Hells Angels associates. "Silliness. That's the only word for it," Stuesser said. "I would almost defy the Crown to come forward with an example of a successful mega-trial. It seems like every jurisdiction has to try one and get burned." Bob Claney, executive director of the Edmonton Police Association, said the decision to stay the charges is frustrating for officers. "It is the public itself that is asking what the hell is going on with all these dollars being spent by the police and the courts and these things disappear in a puff of smoke. "It leaves a very sour taste in everybody's mouth. The whole system seems to be spinning out of control." - --- MAP posted-by: Doc-Hawk