Pubdate: Wed, 24 Mar 2010
Source: Kelowna Capital News (CN BC)
Copyright: 2010, West Partners Publishing Ltd.
Contact:  http://www.kelownacapnews.com/
Details: http://www.mapinc.org/media/1294
Author: Mike Simmons

WIRETAPS ACCEPTED IN COCAINE TRAFFICKING CASE

A judge's acceptance of intercepted phone calls as evidence has set
the stage for a trial involving the alleged trafficking of kilograms
of cocaine from a local marina.

B.C. Supreme Court Justice Geoffrey Barrow ruled March 24 that phone
calls recorded by police would be admitted as evidence. Investigators
recorded 274 calls over several months in an investigation of alleged
drug trafficking from the downtown Kelowna Marina. In 2007, police
alleged that a group of experienced traffickers distributed multiple
kilograms of cocaine per week, using the business as a base of operations.

As a result of the intercepted calls, police conducted a number of
searches. Barrow noted that declaring the wiretap evidence unusable
would essentially mean the searches could be considered done without
warrant.

Barrow said he was unable to characterize police conduct in the case
as flagrant or disregarding the Charter rights of the accused.

Barrow noted the Crown's case hinged on the acceptance of the
intercepted calls as admissible evidence.

"Without that evidence, the Crown effectively has no
case."

He said he was troubled by the lack of evidentiary foundation in the
Crown's case, but noted that he did accept the evidence was reliable.

"I am satisfied that there is no basis to conclude that the evidence
is unreliable."

Trial in the case will proceed March 29. Kelowna residents Jason
Herrick and Thomas Fraser are charged along with Vancouver resident
Margo Safadi.

Fraser is charged with being a member of a criminal organization and
trafficking in cocaine, Herrick and Safadi are also charged with
trafficking cocaine, and Safadi is charged with possession of cocaine
for the purposes of trafficking. 
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