Pubdate: Wed, 25 Nov 1998
Source: New Brunswick Telegraph Journal (Canada)
Contact:  http://www.telegraphjournal.com/
Author: Andrew Veniot - The Telegraph Journal

COURT AWARDS SMUGGLER $50,000

Man Injured When RCMP Cruiser Crashed

MONCTON - A New Brunswick court has awarded a convicted drug smuggler
nearly $50,000 because of injuries he suffered when the RCMP cruiser
carrying him to court smashed into another police car four years ago.

Pierre Duguay of Lamque never made any money from trying to smuggle
$1.2-billion worth of cocaine into Canada. In fact, he got caught and
eventually received a lengthy prison sentence.

But his law-breaking has padded his bank account, thanks to some bad
RCMP driving.

Mr. Duguay, along with four others, tried to smuggle 710 kilograms of
cocaine into the country but were caught near Sheet Harbour, N.S. in
February, 1994.

As he was being driven to court from Renous Penitentiary on Feb. 24
that year, the RCMP car carrying him smashed into the rear of another
RCMP vehicle.

"This case has very strange circumstances surrounding it. The RCMP are
all roaring to the courthouse because of the biggest drug bust in
Canadian history. What happens is like the Keystone Kops," said
Michael Murphy, Mr. Duguay's lawyer.

"The RCMP guy in front slammed on his brakes - there was snow and ice
involved and they were going very fast toward the court house for this
big media event - and the RCMP car with my client smashed into him,"
said Mr. Murphy.

Mr. Duguay was taken to hospital before his court appearance.

"He had blood on him and his arm was in a sling," said his
lawyer.

Three doctors, including two orthopedic surgeons, examined Mr. Duguay
and testified at his civil trial that he suffered whiplash.

While on bail pending trial and later when he was an inmate at both
Dorchester and Springhill penitentiaries, the failed smuggler
underwent more than 50 sessions of physiotherapy.

And once he was released, Mr. Duguay's injury prevented him from
earning any money as a fisherman for 21 months.

"Lobster fishing is heavy work as it involves the daily lifting of 350
lobster traps weighing approximately 80 pounds each," said Mr. Justice
Alfred Landry in his judgement.

Sylvie Goguen, Mr. Duguay's common-law wife, testified that after the
accident he complained of pain every day and "that he had to sell his
boat as he could no longer fish, that he had to take medication every
night before going to bed, but despite that his sleep was very
agitated," wrote Judge Landry.

The judge ruled the accident was "a substantial cause of the injury
[and] that the defendant is liable for the full loss."

The defendants were the two RCMP officers, Daniel Quirion, Gerald
Moffett and the Attorney General of Canada.

Mr. Duguay's average income as a lobster fisherman for the two years
prior to his ill-fated smuggling career was $19,500.

Mr. Murphy claimed for pain and suffering and for the loss of Mr.
Duguay's wages while he was on bail for the year and a half awaiting
the final outcome of Mr. Duguay's trial.

In all, Judge Landry awarded Mr. Duguay $48,792.04.

Mr. Duguay is now in a halfway house and the judgement has been sent
to him.

"I don't have the cheque in hand but I expect it in a couple of weeks
and then give it to him," said Mr. Murphy.

The lawyer doesn't expect the RCMP to appeal since they've already
admitted liability and the trial dealt solely with the assessment of
damages.

"Mr. Duguay made money by getting into that van, and I'm saying to
myself, just maybe the RCMP is a little sore about this one. It adds a
little salt to the wounds and probably doesn't help the RCMP image,"
said Mr. Murphy.
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Checked-by: Patrick Henry