Pubdate: Mon, 17 May 1999 Source: North Shore News (Canada) Copyright: 1999 by the North Shore News Contact: http://www.nsnews.com/ Author: Anna Marie D'Angelo SHOT MAN VOWS APPEAL David L. Glover rolls pennies to fund legal effort A North Vancouver man who was shot by a Mountie in a drug raid in 1990 will not have to pay the officer's legal costs. David Lorne Glover, 40, lost a civil suit against Cpl. Glenn Magark in March. On Monday, B.C. Supreme Court Madam Justice M. Marvin Koenigsberg ruled that Glover did not have to pay Magark's legal costs. "It is a small victory at last," said Glover. "They shot me and nearly killed me and they were going to sue me for court costs." Nine years ago, on March 19, 1990, North Vancouver RCMP officers obtained a search warrant to enter Glover's home in which police believed was 1.4 kg (3 lbs) of marijuana. Police alleged Glover sold marijuana. Glover answered his door holding a television remote control. Magark shot Glover in the chest after Glover did not "freeze" when the officer yelled either "Police, get down" or "Police, face down on the floor," according to Koenigsberg's reasons for judgement. Earlier this week, an emotional Glover said he wanted to appeal the lawsuit but needed $12,000 to obtain a transcript of the court case. He was rolling pennies for the appeal on Monday. Glover works as rubbish hauler and handyman. Glover set up an account at a bank in Lynn Valley to raise money for his appeal. Glover's lawyer Peter Ritchie took on the case on a contingency basis (payment by a percentage of the judge's award), but then continued on a pro-bono or free basis. Glover lost the lawsuit, in part, because, he sued Magark personally and did not sue the Attorney-General of B.C or the Crown. Magark was acting for the Attorney General as set out in the Police Act at the time of the shooting. Glover sued Magark for negligence, assault, breach of duty and breaches of Charter Rights relating to unreasonable searches and the right to life, liberty and security of person. In the lawsuit reasons for judgement, the judge described Glover as "not an impressive witness. At trial he often displayed bitterness, anger, and an unpleasant 'smart-Alec,' almost theatrical, attitude." Koenigsberg said Magark's version of events was "relatively reliable." But the judge called Margark's "firm" evidence that Glover deliberately assaulted him "unlikely." Koenigsberg noted that if an unarmed Glover attacked Magark, Glover likely thought the incident was a practical joke. Magark said on Tuesday that his lawyer was paid by the federal department of justice. Magark said that it was standard procedure for the department of justice to ask for legal costs so that taxpayers do not pay for failed lawsuits. Magark said that he has dealt with the shooting personally. "I haven't forgot about it," said Magark."My regret (is) that someone would not follow a good strong police command and would be so silly to assault a police officer under those circumstances." He said the incident has not caused changes to the way police conduct drug search warrants. Glover's marijuana trafficking charge resulting from the raid was dropped. At the time of that trial, Glover was in jail in Ontario. Glover is before the courts in North Vancouver presently for assaulting his now estranged wife. Glover was found guilty. A pre-sentencing report is expected at the end of the month. Meanwhile on Jan. 17, 1992 Magark shot Shayne Hawkes while searching for burglary suspects at the Sutherland Bible Chapel. Hawkes was hiding in a bathroom cubicle, crouching on a toilet when Magark stepped into the cubicle. Hawkes lunged at the officer. - --- MAP posted-by: Don Beck