Pubdate: Fri, 10 Feb 2006 Source: Mississauga News (CN ON) Copyright: The Mississauga News 2006 Contact: http://www.mississauganews.com/ Details: http://www.mapinc.org/media/268 Author: Louie Rosella LAWYER - NO DRUGS, NO CRIME Peel Officer Maintains His Innocence A Peel Regional Police officer accused of trafficking cocaine wants the charges dropped because he wasn't found with drugs. The lawyer for 38-year-old Const. Sheldon Cook wants to know how his client can be charged with trafficking cocaine by the Royal Canadian Mounted Police (RCMP) when the substance seized by investigators on the night of the arrest wasn't an illegal drug. Describing Cook's Nov. 18 arrest as a "(controlled drug) delivery gone wrong," defence lawyer Alan Gold said Friday that information he has obtained from the RCMP shows the substance found at Cook's home was a flour-like substance meant to look like cocaine. It was being used by the RCMP in a drug sting, said Gold. A truck driver who was not in on the sting was taking a bogus shipment of drugs to a Mississauga address, well-placed sources say. That shipment was secretly monitored by the RCMP. But, said Gold, the sting took a strange turn when the truck driver phoned Peel Police in a panic, believing there was something suspicious about the shipment he was delivering. Peel Police officers responded and found a substance they knew wasn't cocaine, said Gold. But, that evening, Cook was arrested by the RCMP after federal officers tracked the bogus drugs to a home in Cambridge. Cook was subsequently charged with possession of cocaine, possession of cocaine for the purpose of trafficking and breach of trust. Cook, a 14-year veteran who works out of Mississauga's 12 Division, remains suspended with pay by the force until his case is dealt with through the courts. He is vigorously defending himself, said Gold. The RCMP operates on the theory that they "always get their man," but on that night, they decided "any man would do," Gold said in court. Gold was in court Friday before Justice Bruce Durno, attempting to have charges against Cook stayed or dismissed. The case has been put over to March 3. Court documents obtained by The News Friday allege Cook's defence has been "impaired" by Peel Police, who would wouldn't let the defence team interview other police officers who witnessed the Nov. 18 incident. "The harm caused by preventing the defence from interviewing relevant witnesses at an early stage is irreparable and as a result, a stay of proceedings is the only appropriate remedy," say court documents. A sworn affidavit reveals that a private investigator working for Gold tried to interview an officer back in November, but was told by a Peel Inspector that the force's "position with respect to the Cook matter is that the situation occurred 'on duty' and that the matter was still being investigated, therefore all involved officers have been ordered not to discuss the case with anyone outside of Peel Police." This order has violated Cook's Charter right to properly defend himself, said Gold. Meanwhile, Justice Canada has decided not to prosecute more than half-a-dozen drug cases where Cook was the arresting officer, due to the unlikelihood of a conviction, according to Justice Canada spokesperson Paula Creighan. Just a month after Cook was charged, a judge acquitted former Toronto Argonaut Orlando Bowen of drugs and assaulting police charges which were laid by Cook and another officer. - --- MAP posted-by: Derek