JUDGE REJECTS CLAIM OF POLICE TERROR TACTICS

Police manhandling of a suspected drug dealer's passenger was not a
"terrorist tactic," a judge said yesterday in rejecting a Charter application.

Court of Queen's Bench Justice Earl Wilson said the "dynamic
takedown" conducted by police in arresting alleged gang member Henry
Le Nguyen was lawful.

Wilson rejected suggestions by defence lawyer Pat Fagan the conduct
of TAC team members who arrested Nguyen and his passenger, Hans
Eastgaard, fell into the "realm of police-state terrorism." In
written arguments to support Nguyen's Charter application, Fagan
compared the arresting officers' conduct to criminal behaviour.

"The motor vehicle was car-jacked without warning," the defence
lawyer submitted.

"Windows were smashed and violence was perpetrated against the
vehicle's passenger," he said.

"The rationale for the search was lacking, in that violence was
preferred over peaceful alternatives.

"This search was nothing short of a 'terrorist tactic,' " Fagan said.

But Wilson said the evidence contradicted the defence position.

He noted the TAC team members were dealing with an alleged gang
member when they stopped Nguyen's car on Nov. 30, 2005, as he drove
in the city's northeast.

"I am satisfied that the force used was reasonable, restrained and
proportional to the threat posed by the accused and/or his
passenger," Wilson said.

Officers who arrested Nguyen as part of a warrant to search his
vehicle conducted a "hot stop" at Marlborough Dr. and 52 St. N.E.

They boxed in his car and then smashed the windows on both the
driver's and passenger sides before removing Nguyen and Eastgaard.

When Eastgaard initially ignored police commands he was punched three
times and then complied.

Nguyen, who was convicted of possession of crack cocaine for the
purpose of trafficking, will be sentenced tomorrow.