ILLEGAL SEARCH BY CITY POLICE KILLS DRUG CASE

Judge Chides Officers For Actions

A drug trial went up in smoke yesterday when a judge refused to consider
any of the evidence after finding Winnipeg police violated the Charter of
Rights and Freedoms to collect it.

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

The 25-year-old University of Winnipeg student was arrested three years ago
and charged with possession of marijuana, ecstasy and psilocybin (magic
mushrooms).

Queen's Bench Justice Brenda Keyser did not comment on Killeen's
allegations of perjury, but did find police had no legal right to search
Wityk's apartment.

"This breach was both wilful and flagrant," said Keyser.

Wityk was originally arrested by police at a Winnipeg Money Mart store
where he was trying to wire $3,500 to British Columbia. An employee found a
counterfeit $20 bill, and Wityk was charged.

Police agreed to release him on a promise to appear in court, but claimed
they escorted Wityk home to confirm the address he had given them.

During the drug trial, the officers say Wityk invited them into his
apartment, where they found drugs in open view.

They arrested him again, searched the apartment and found more narcotics.

Wityk denied ever inviting police inside, and his lawyer argued yesterday
police were simply on an illegal fishing expedition to determine the source
of Wityk's money.

Killeen said police of invented a story to cover their mistake and believes
they re-created notes from the incident.

Crown attorney Dave Mann conceded the search was improper but still sought
to have the drug evidence allowed.

But Keyser refused, saying that allowing the case to fall apart is not
nearly as serious as the message that would be sent to police if she
allowed the evidence to stand.