Pubdate: Tue, 01 Jul 2008
Source: Calgary Sun, The (CN AB)
Copyright: 2008 The Calgary Sun
Contact:  http://www.calgarysun.com/
Details: http://www.mapinc.org/media/67
Author: Kevin Martin
Bookmark: http://www.mapinc.org/find?216 (CN Police)
Bookmark: http://www.mapinc.org/coke.htm (Cocaine)

JUDGE REJECTS CLAIM OF POLICE TERROR TACTICS

Police manhandling of a suspected drug dealer's passenger was not a 
"terrorist tactic," a judge said yesterday in rejecting a Charter application.

Court of Queen's Bench Justice Earl Wilson said the "dynamic 
takedown" conducted by police in arresting alleged gang member Henry 
Le Nguyen was lawful.

Wilson rejected suggestions by defence lawyer Pat Fagan the conduct 
of TAC team members who arrested Nguyen and his passenger, Hans 
Eastgaard, fell into the "realm of police-state terrorism." In 
written arguments to support Nguyen's Charter application, Fagan 
compared the arresting officers' conduct to criminal behaviour.

"The motor vehicle was car-jacked without warning," the defence 
lawyer submitted.

"Windows were smashed and violence was perpetrated against the 
vehicle's passenger," he said.

"The rationale for the search was lacking, in that violence was 
preferred over peaceful alternatives.

"This search was nothing short of a 'terrorist tactic,' " Fagan said.

But Wilson said the evidence contradicted the defence position.

He noted the TAC team members were dealing with an alleged gang 
member when they stopped Nguyen's car on Nov. 30, 2005, as he drove 
in the city's northeast.

"I am satisfied that the force used was reasonable, restrained and 
proportional to the threat posed by the accused and/or his 
passenger," Wilson said.

Officers who arrested Nguyen as part of a warrant to search his 
vehicle conducted a "hot stop" at Marlborough Dr. and 52 St. N.E.

They boxed in his car and then smashed the windows on both the 
driver's and passenger sides before removing Nguyen and Eastgaard.

When Eastgaard initially ignored police commands he was punched three 
times and then complied.

Nguyen, who was convicted of possession of crack cocaine for the 
purpose of trafficking, will be sentenced tomorrow.
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