Pubdate: Sat, 26 Jan 2013
Source: StarPhoenix, The (CN SN)
Copyright: 2013 The StarPhoenix
Contact: http://www.canada.com/saskatoonstarphoenix/letters.html
Website: http://www.canada.com/saskatoonstarphoenix/
Details: http://www.mapinc.org/media/400
Author: Hannah Spray
Page: A9

MAN BREACHES BAIL CONDITION BY USING IPOD TOUCH

The question of whether an iPod Touch is a mobile communication 
device could turn out to be an expensive one for an alleged Saskatoon 
drug dealer.

Christopher Chu, 32, was out on $25,000 bail on a cocaine trafficking 
charge on April 17, 2012, when police saw him using an iPod to listen 
to music while he worked out at a Saskatoon gym.

They arrested him for breaching a condition of his bail that he "not 
possess or use any cellphone, pager, Blackberry or any other mobile 
communication device" - a condition that is standard on release 
conditions for people facing drug trafficking charges.

He was re-released after winning a bail hearing last April and then 
went to trial on the breach charge on Thursday in Saskatoon 
provincial court. Defence lawyer Casey Fagan argued the iPod was more 
akin to a computer - which Chu was allowed to use - than a cellphone.

"(Cellphones) are mobile communication devices because they work from 
anywhere, unlike a computer that needs to be tied to a Wi-Fi 
connection," Fagan said.

Crown prosecutor Rochelle Wempe argued the iPod fit the definition of 
a mobile communication device because it could connect to Wi-Fi - and 
police determined before arresting Chu that his iPod was connected to 
the free Wi-Fi at the gym - and thus could be used to send text 
messages or email.

When police conducted a forensic examination of the iPod, they found 
no evidence of any texting or emailing. It was filled mostly with 
children's games and music.

However, Wempe argued that was beside the point, because the iPod 
could be used as a mobile communication device.

Judge Brent Klause agreed with the Crown, finding Chu guilty.

"In my opinion, the accused was clearly in possession of a mobile 
communication device on the date of the alleged breach. Furthermore, 
he accessed the Internet on more than one occasion that day," Klause said.

However, Klause added he had "some sympathy" for Chu because of the 
minor nature of the breach. He granted Chu a six-month conditional 
discharge, meaning Chu was found guilty but the charge won't be on 
his criminal record.

The next step for the Crown will be applying to the Court of Queen's 
Bench to see if any or all of Chu's bail money will be forfeited, now 
that he has been found guilty of a breach.

Chu was originally charged in November 2011 with cocaine trafficking 
and possession of the proceeds of crime. He is awaiting a preliminary 
hearing later this year.

Three co-accused in the case have pleaded guilty and received 
significant penitentiary terms.

Joshua Hoeber, 23, was sentenced in January 2012 to seven years; 
Bennet Tse, 29, was sentenced in March to 6 1/2 years; and Youlong 
Thai was sentenced last week to six years. One other coaccused, 
Christopher Pang, is still before the courts.
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