Pubdate: Sat, 22 Oct 2005
Source: Montreal Gazette (CN QU)
Copyright: 2005 The Gazette, a division of Southam Inc.
Contact:  http://www.canada.com/montreal/montrealgazette/
Details: http://www.mapinc.org/media/274
Author: Allison Hanes
Bookmark: http://www.mapinc.org/find?236 (Corruption - Outside U.S.)
Bookmark: http://www.mapinc.org/topics/charges+dropped

MOUNTIE LIED, JUDGE SAYS, THROWING OUT DRUG CASE

Attempt To Save Credibility Of Informant Amounted To Cheating The
Court, Ruling Says

Ruling that an RCMP officer blatantly lied to try to salvage the
crumbling credibility of an undercover informant, a judge yesterday
tossed out three drug conspiracy charges against a Montreal criminal
lawyer, bringing an abrupt end to his trial.

Calling it a "draconian" and rare step, Quebec Court Judge Jean-Pierre
Dumais ordered a stay of proceedings.

"For the worst breaches, the court must apply the most serious
sanction," Dumais said. "Even if it may seem shocking that certain
crimes go unpunished, the courts are better to put democratic and
judicial values front and centre."

Jose Guede, a popular criminal lawyer, faced three charges of
conspiring to import cocaine.

The star witness in the Crown's case was a secret informant - a
self-described drug mule and former client of Guede who turned state
agent for $300,000.

The informant, who cannot be named, spent nearly two weeks on the
stand when Guede's trial began last January.

But under cross-examination by the defence, there arose a serious
contradiction about to whom a shipment of cocaine was to be sent.

The defence wanted to question the informant's RCMP handler and see
his notes.

On the stand, the RCMP handler Neil Roy contradicted himself, saying
the informant was protecting Guede, then claiming he was simply mistaken.

The judge concluded Roy was lying.

"It is clear in my mind that Officer Roy attempted to influence the
informant while he was being cross-examined and it is also clear that
he lied," Dumais said.
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MAP posted-by: Larry Seguin