Pubdate: Fri, 03 Jul 2015
Source: Richmond Review, The (CN BC)
Copyright: 2015 Black Press
Contact:  http://www.richmondreview.com/
Details: http://www.mapinc.org/media/704
Author: Martin van den Hemel

RCMP OFFICER EXAGGERATED EVIDENCE, JUDGE RULES

Court tosses seized evidence, cop's testimony in marijuana trafficking
trial

A Vancouver provincial court judge has ruled a Richmond Mountie
involved in a marijuana drug trafficking case "exaggerated his
evidence" and "embellished" his observations.

In a voir dire ruling, Judge Gregory Rideout excluded the observed and
seized evidence in a case against Eugenio Alfonso Bahamonde, who is
charged with trafficking marijuana in Vancouver back in November of
2012.

Rideout ruled that Richmond RCMP Const. Inderpal Singh Bal was "wilful
and careless" in the use of some medical terms while he gave evidence,
and that Bal was embellishing when he "gave the impression that he had
extensive general knowledge of marijuana."

Rideout wrote: "Bal's propensity to embellish, exaggerate or overstate
his evidence had a significant negative impact on his credibility and
reliability."

Rideout ruled that Bahamonde's arrest was "not lawful" and that the
subsequent search of Bahamonde's BMW X5 "would not be justified as a
search incidental to arrest."

Bal was a member of the Richmond RCMP's quick response team that was
investigating a series of break-and-enters that had occurred in
Richmond. Bal and other officers were targeting a suspect believed to
be living in a home in Vancouver.

Bal testified that while he was sitting in the back seat of an
unmarked Buick sedan, and peering through a set of binoculars at the
suspect's residence, he noticed a BMW X5 parking alongside the
unmarked Buick.

He testified that he saw Bahamonde talk on his cell phone for a short
period of time, then saw Bahamonde reach into the back of the X5 and
then place a black backpack onto his lap.

Bal testified: "At that point I see the X5 driver reach in, pull out a
large Ziploc bag with a substance that I believed to be dry bud
(marijuana). That observation is made with binoculars...I'm able to
clearly see that it's medium-to-large-size bud marijuana consistent
with my training and experience as a police officer."

Bahamonde was arrested at gunpoint in the parking lot of a nearby
Safeway.

Judge Rideout gave several examples where Bal's testimony did not
survive scrutiny.

"On numerous occasions, without prompting, Bal would remind the court
that he was making all of his observations with surveillance
binoculars, while at the same time, relaying his observations with the
radio given to him by (RCMP Const.) Jaggassar along to his team
members. Why Bal would continuously need binoculars to view activities
in the X5 that was positioned a mere nine feet away from his position
was difficult to accept"

After noting the height of the taller X5 SUV compared to the unmarked
Buick, Rideout also wrote: "I do not find that Bal would have been
able to see the scale being placed on the centre console of the X5.
Nor am I persuaded that he would have been able to see the bag placed
on the applicant's lap with zippers facing toward the applicant
(Bahamonde)."

In an unrelated case, Bal pled guilty for an assault that occurred on
Jan. 26, 2012 while he was on duty as a Richmond RCMP constable. He
received a suspended sentence and a six-month term of probation.

But Rideout wrote that he "disabused" his mind of the submission about
that previous case involving Bal before reaching his decision.

"My findings in this voir dire in relation to the credibility and
reliability of Bal have been based entirely on the evidence that was
presented and the submissions advance with respect to that evidence,"
Rideout ruled.
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MAP posted-by: Matt