Pubdate: Thu, 26 Feb 2015 Source: Western Star, The (CN NF) Copyright: 2015 The Western Star Contact: http://www.thewesternstar.com/ Details: http://www.mapinc.org/media/2523 Author: Gary Kean Page: 6 AN AFFRONT TO THE COURT Supreme Court Justice Admonishes RCMP for Handling of Roadside Drug Bust Four months after being involved in a court decision that took note of how the police had violated a man's Charter rights during a drug bust, one of the officers breached the rights of two more men in a similar roadside investigation. This time, though, it is likely the case will be tossed out of court. Const. Leon Sheppard of the RCMP Traffic Services West was one of two officers who pulled over Philip Jordy Blanchard in 2008. The officers claimed to have reason to suspect Blanchard was involved in drug activity, called in a police dog and wound up seizing almost 30 pounds of pot from his vehicle. Blanchard pleaded not guilty, but was convicted even though the trial judge had said the police had violated his Charter rights because the suspicions they had for ordering and conducting the search were not reasonable. Blanchard appealed the decision and lost. The appeal court's decision in May 2011 agreed there were violations of Blanchard's Charter rights, but felt none amounted to a grave infringement on his liberty or personal dignity. Fast forward to Wednesday morning, when Justice David Hurley of the Supreme Court of Newfoundland and Labrador ruled a large quantity of drugs seized by Sheppard during a traffic stop in August 2011 cannot be entered as evidence because he once again violated Charter rights. In this latest case, two men from Ontario - Christopher Correia Gomes, 35, and Slobodan Bobby Milinkovic, 38 - were charged with numerous offences after 19 pounds of marijuana, four kilograms of cocaine and a smaller amount of cannabis resin were found in their car. The court heard Sheppard had called for the services of a police dog and its handler within four minutes of stopping the car. Hurley ruled these were not reasonable suspicions to detain Gomes and Milinkovic and ruled doing so had violated their Carter rights. In the Blanchard decision, it was noted Nova Scotia was a known source of drug importation. Having referenced the Blanchard case and another case in which Quebec is listed as a known source for drugs being brought in to Newfoundland and Labrador, Hurley called Sheppard's actions an affront to the court. Hurley said neither the drugs, nor any admissions Gomes or Milinkovic may have made during their detention, could be used as evidence against them because it was all gained by an unlawful detention and search. * [sidebar] What the lawyers said Imagine being told to sit on a rock on the side of the highway, handcuffed and being denied a request to use the bathroom for 90 minutes while the police conduct a search based solely on a hunch. That scenario, said lawyer Averill Baker, is unacceptable but one that her client, Slobodan Bobby Milinkovic, found himself in on Aug. 4, 2011. Milinkovic, 38, and Christopher Correia Gomes, 35, were pulled over by Const. Leon Sheppard of RCMP Traffic Services West for speeding just west of Corner Brook. In the Supreme Court of Newfoundland and Labrador in Corner Brook Wednesday morning, Justice David Hurley said Sheppard had violated the men's Charter rights because his suspicions for detaining them and ordering a search of the car were not reasonable. "That's a police state and the kind of conduct the courts want to distance themselves from," Baker said of the arbitrary nature with which the two men were detained. Sandi MacKinnon, who represented Gomes, drew attention to Hurley's comments that this roadside stop was an affront to the court. "When you say it's an affront, that's basically saying it's offensive to the court and offensive to people's rights," said MacKinnon. The fact 19 pounds of marijuana, four kilograms of cocaine and a smaller amount of cannabis resin was taken off the streets may be a good thing, but it is not likely Crown attorney David Mills will continue with this particular prosecution. He said he will take some time to review Hurley's decision, but the matter will be called again Monday at which time he will indicate whether the case will proceed or not. "They have a very difficult job to do," Mills said of the RCMP's efforts to put dents in the illegal drug trade. "I think they're doing it very well. It's easy to criticize after the fact, but there is an obvious problem on the highways with drugs coming into the province." Mills said every case is a learning process for the police, the Crown and the judges who hear these cases. - --- MAP posted-by: Jay Bergstrom