Pubdate: Wed, 28 Apr 2004
Source: Halifax Herald (CN NS)
Copyright: 2004 The Halifax Herald Limited
Contact:  http://www.herald.ns.ca/
Details: http://www.mapinc.org/media/180
Author: Davene Jeffrey

RCMP OFFICER LOSES BID TO GET DRUG CASE STOPPED

It seems a former RCMP officer's nightmares will continue at least until 
his drug trafficking trial begins a little over a month from now.

Earlier this month, former constable Joseph Daniel (Danny) Ryan, 33, asked 
the Nova Scotia Supreme Court to stay the charges against him.

He had filed an affidavit to the court spelling out personal difficulties 
he has had since being charged and complaining that his case has taken too 
long to get to trial.

Mr. Ryan, an ex-member of the Tantallon detachment's street team, told the 
court he has suffered isolation from his peers, depression, humiliation, 
job loss, nightmares, anxiety and financial difficulties.

But these problems are not unusual, Justice Walter Goodfellow wrote in his 
decision, released Tuesday.

"There are certain consequences that all persons charged with a criminal 
offence suffer," Justice Goodfellow wrote.

"The impact on their personal freedom often causes disruption in their 
lives and great concern, isolation and anguish for their friends, family 
and employment associates."

As for an unreasonable delay of his trial, Mr. Ryan had ample opportunity 
to voice concerns during the many court appearances that he and his lawyer 
made since he was charged in January 2002, the judge said.

"He clearly understood his right to be heard on whether the time frame 
being proposed and the dates for trial were reasonable, and by such 
attendance in the process, participation and expression of thanks to the 
court, accepted the time frames as being reasonable," Justice Goodfellow wrote.

"There is not in Mr. Ryan's affidavit a word or suggestion that he has been 
prejudiced in his right to a fair trial. There is no indication of any 
witness or evidence having been adversely affected, lost or diminished by 
the passing of time."

Mr. Ryan had also complained that excessive force was used during his 
arrest. He said he was alone and unarmed, and was forced to the ground with 
his hands at his sides while an officer held him at gunpoint.

"References to how he was arrested and improper conduct might provide for 
support for what if any, civil action rights might be available to Mr. 
Ryan," the judge said.

Mr. Ryan's trial will proceed as scheduled, on June 14 in Nova Scotia 
Supreme Court.
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