Pubdate: Tue, 06 Jun 2006 Source: Hanna Herald (CN AB) Copyright: 2006 Hanna Herald Contact: http://www.hannaherald.com/ Details: http://www.mapinc.org/media/3242 Author: Karen McKinley Bookmark: http://www.mapinc.org/find?241 (Methamphetamine - Canada) LOCAL MAN SUES POLICE FOR ALLEGED ASSAULT AND DEFAMATION IN 2004 ARREST IN WINNIPEG A local mechanic has filed a lawsuit against The Attorney General, officers on the Winnipeg Police Force and RCMP for what he claims are false accusations and damages done to himself and his business. Aubrey Bruneau, proprietor of Bruneau Performance Enterprises in Hanna recently filed a suit against Sgt. Steve Colwell, Edmonton RCMP's Cpl. Wayne Oakes, Media Relations Officer for K Division, Winnipeg Police Force's Chief Jack Ewatski and eight unnamed officers. He added that he was of the opinion the Hanna RCMP detachment were not involved in this case. The suit was filed on April 24, 2006. The suit stems from his arrest on September 15, 2004 in Winnipeg while heading to an auto convention in Kansas City, Missouri, U.S.A. There he was taken down by several officers in the parking lot of the Canad Inn. The statement of claim alleges during the arrest, at gunpoint, his left arm was bent back with enough force to tear several tendons and rotator cuff. He also claims the arrest was inexplicably violent. The statement of claim alleges inconsistencies and exaggerations in the charges. According to a statement made shortly after his arrest by the RCMP, Bruneau and several others were charged with: - -Conspiracy to Produce Methamphetamine (USA), - -Conspiracy to Produce Methamphetamine (Canada), - -Conspiracy to export Methamphetamine, and, - -Export Methamphetamine. (This charge was never formally laid) Initially, Bruneau was charged with two counts of conspiracy to produce methamphetamine, one count of conspiracy to export ephedrine and finally one count exporting ephedrine. In May, 2005 one count of conspiracy to produce methamphetamine as well as the charge to export ephedrine were withdrawn by the Crown. Bruneau claims "The remaining charge related to methamphetamine has no basis in fact or from evidence. I am confident that the Crown's office will eventually elect to withdraw this charge as well." He then said "it was always my understanding the ephedrine was simply one more body building supplement that was marketed by my brother's business." There was also an allegation that $3.5 million was seized from Bruneau, making it almost impossible for him to obtain Legal Aid in Manitoba. In a letter from Legal Aid to Bruneau dated October 7, 2004, it stated: "The newspaper reports indicate that there have been $3.5 million in cash seized across Canada. We expect you to hie a lawyer privately and that lawyer will bring a court action to have the Court release monies for the defence of this case." Bruneau claimed he never has access to any money. This is confirmed by a letter written by Crown Prosecutor Clyde Bond to Legal Aid Manitoba. In the letter dated February 10, 2005, to Gil Clifford of Legal Aid Manitoba Bond wrote, "I can advise that this is not the Crown's position that Mr. Bruneau had possession of any cash that was seized; as well he cannot be linked to the cash that was seized during the police investigation." Bruneau adamantly denies there was any methamphetamine. "There was no meth," he claims. "I had no knowledge of any conspiracy. The ephedrine was fully documented and commercially transported to me by Hi-Way 9 Trucking." He claims the ephedrine was under the control and ownership of his brother, for Trans Canada Fitness, Omnisport Nutrition, both owned by Rodger Bruneau Sr. were responsible for the movement of ephedrine. The RCMP state that ephedrine is used in the production of methamphetamine. He said as far as he knew, the ephedrine and other goods he transported were for sports nutrition supplements. In the statement of claim he alleges that he has suffered damage to his personal and professional reputation. financial loss, increased debt load and mental distress from the accusations. He has undergone surgery to correct the damage he says was inflicted during the arrest. The surgery was unsuccessful and he believes that the disability from the injury is permanent. He also says he has to deal with the constant pain and permanent limited mobility in his left arm. "I have almost no strength in my arm, making it hard for me to do certain tasks at work," he said. On the suit itself, neither Edmonton's K Division or the Winnipeg Police Force had comments. "We cannot make any statements at this time as they might influence the outcome of the suit," said Cpl. Oakes in a telephone interview. As of press time, no statement of defence had been filed for the RCMP or Winnipeg Police. None of the allegations in the statement of claim have been proven or tested in court. Money, Bruneau said, is not what he is after. "What I want is a chance to set the record straight. The false information provided by the RCMP to the media has irreparably damaged my business and family." Bruneau is being represented by the Merchant Law Group in Regina, Saskatchewan. As for the criminal proceedings, there have been numerous remand dates, resulting in no advancement of the case whatsoever. The outstanding charges have been remanded to Sept. 7, 2006. Up until February of this year (18 months) Bruneau has represented himself without a lawyer in all proceedings, including a motion for disclosure, which was heard in the Court of Queen's Bench on October 12, 13, and 14, 2005. There has yet to be a decision by Justice Sinclair on that motion. - --- MAP posted-by: Larry Seguin