GIANT COCAINE TRIAL FALLS APART

Crown Stays Charges, Defence Lawyer Blasts RCMP

THE largest cocaine bust in Manitoba's history has gone up in smoke amid
allegations that RCMP illegally stopped a car driven by a Vancouver man
because of his ethnic background.

Kin Wong, 34, was freed from custody Wednesday after the Crown stayed drug
charges in a Brandon courtroom. The charge carried a potential prison term
of seven to 10 years.

The Crown gave no reason for the surprise abandonment of the case, which
comes only weeks after Wong's arrest on the Trans-Canada Highway near Virden.

It also follows stinging accusations made by a Winnipeg lawyer during a
recent court hearing that suggested RCMP unfairly targeted Wong because of
his race. Defence lawyer Roberta Campbell told a provincial court that RCMP
had no right to stop Wong's car last month as he drove east to Winnipeg to
visit his girlfriend.

RCMP claim Wong consented to the search and was told he could stop it at
any time.

Wong, who was born in China but came to Canada nearly two decades ago, was
immediately locked in the back of a police car while officers searched his
Honda SUV, according to Campbell.

Police allege they found a backpack stuffed with about four kilograms of
crack cocaine.

The drugs carry an estimated street value of about $400,000 and were
proudly shown off to media and the public last month by the RCMP, who
boasted about the largest-ever seizure of its kind.

During the recent court hearing, Campbell referred to a series of notes
provided by Virden RCMP officers involved in Wong's arrest.

The police wrote that they were cruising the highway that day looking for
"violators," which they defined as speeders, motorists with equipment
problems and suspicious persons or vehicles, she said.

They say they stopped Wong's car as he drove eastbound on the highway and
he allowed them to search it after saying they were looking for open
liquor, marijuana or cigarettes.

Campbell said it's clear that Wong wasn't speeding and there were no
traffic violations.

"So is it because he is Asian? It's somewhat frightening to think, in this
day and age. There is a real problem with what the RCMP have done in this
case."

Wong denied having any knowledge of any drugs inside the car.

The commercial painter had no prior criminal record and claimed the vehicle
belonged to a friend and that he was simply coming to Winnipeg to visit his
girlfriend.

"Police just can't go interrogating Canadian citizens as they travel across
this country," said Campbell, who questioned the RCMP's claim that Wong
knowingly had drugs in his car and also consented to their search.

Crown attorney Erin Magas was in Brandon court Wednesday to stay the
charge, but would not comment on her reasons.

"Our policy is to never comment on the reason for a stay of proceedings,"
she said yesterday.

Westman RCMP Staff Sgt. Moe Massart also declined to speak about the case
or the allegations made by Wong and his lawyer.

"We did our job and after that it's in the courts," he said yesterday.

Earlier this year, a drug trial was thrown out of Manitoba Court of Queen's
Bench after a judge found Winnipeg police violated the Charter of Rights
and Freedoms to collect evidence against the accused.

Defence lawyer Tim Killeen had accused two commercial crime officers of
lying in court to cover up the sloppy job they did in building a case
against his client.

And last fall, charges were dropped against two men accused of running one
of the largest-ever marijuana grow operations in Manitoba.

Although lawyers declined to discuss the reasons, the Free Press learned
that RCMP illegally searched the property of the accused without having a
warrant.

Just like Wong's case, RCMP announced the arrest with great fanfare, saying
they had potentially taken millions of dollars worth of pot off the streets.