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RCMP Entrapped Accused, Visiting Judge Concludes
Pubdate: Mon, 19 Mar 2007
Source: Whitehorse Star (CN YK)
Copyright: 2007 Whitehorse Star
Contact: http://www.whitehorsestar.com/
Details: http://www.mapinc.org/media/1493
Author: Stephanie Waddell
RCMP ENTRAPPED ACCUSED, VISITING JUDGE CONCLUDES
Crown prosecutors have dropped drug charges against 15 people who
were arrested following a two-month undercover RCMP investigation
throughout the territory last fall.
Crown prosecutor Ludovic Gouallier said this morning visiting Justice
Rene Foisy of Alberta sided with the entrapment argument presented in
a Faro resident's case in February.
It was argued that the man, who was charged with one count of
trafficking marijuana, had been entrapped in the M Division's RCMP
undercover operation.
Gouallier noted that in such an undercover operation where police are
participating in a criminal activity, the defence of entrapment can be raised.
In this case, he said, the judge found there had been entrapment, and
thus dismissed the charge.
The finding saw the Crown go back to review the other 16 cases
involved, finding that 14 were similar and likely to have the same
finding by a judge.
A stay in those proceedings was ordered, with only two of the cases
proceeding to court.
A Pelly Crossing resident continues to face a charge of trafficking
cocaine and a Carcross resident remains charged with trafficking
marijuana. A female of Haines Junction and another male of Pelly
Crossing each had two charges of trafficking marijuana stayed.
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