Pubdate: Sat, 26 Jun 2010
Source: StarPhoenix, The (CN SN)
Copyright: 2010 The StarPhoenix
Contact: http://www.canada.com/saskatoonstarphoenix/letters.html
Website: http://www.canada.com/saskatoonstarphoenix/
Details: http://www.mapinc.org/media/400
Author:  Betty Ann Adam The StarPhoenix

NEW TRIAL FOR ALLEGED TRAFFICKERS

Two men who were acquitted of drug trafficking after evidence was
thrown out on constitutional grounds, will face a new trial, the
Supreme Court of Canada ruled Friday.

Canada's high court upheld an earlier decision by the Saskatchewan
Court of Appeal, which found no infringement of the Charter of Rights
and Freedoms, set aside the acquittals and ordered a new trial that
will include the evidence of 178 kilograms of marijuana found in a
secret compartment in a semi truck and $115,000 in cash.

Saskatoon lawyer Mark Brayford represented Regent Nolet and John
Vatsis, who were arrested while driving a Quebec-registered semi on
the Saskatchewan portion of the Trans-Canada Highway.

The pair were stopped by an RCMP officer doing random checks under the
provincial Highways and Traffic Act. The officer saw an expired fuel
sticker on the outside of the truck and also found the vehicle was not
registered for commercial driving in Saskatchewan. He also found
problems with the log book.

When the men gave him permission to look inside the trailer, the
officer saw it was empty but it "didn't appear right."

The officer continued looking into the defective trucking documents
and told the men he would look in the truck cab.

He found a duffle bag and, feeling paper inside, opened it and
discovered $115,000 bundled in small denominations.

He arrested the men for possession of proceeds of crime because the
cash was typical of drug transactions.

The truck was taken to an RCMP detachment, where it was searched and a
hidden compartment was found. Inside was packaged cannabis marijuana,
which is estimated to have been worth $1.1 million to $1.5 million.

The men were charged with trafficking, possession of marijuana for the
purpose of trafficking and possession of proceeds of crime.

The trial judge found the searches were unreasonable and excluded the
money and marijuana from the trial and acquitted the pair.

The Crown appealed successfully and the acquittals were set aside and
a new trial ordered.

The case was argued before the Supreme Court in December. 
- ---
MAP posted-by: Jo-D