Recommendations follow the death of suspect who likely ingested drugs
while in police custody

Louise Dickson

A coroner's jury is recommending Saanich police review their
procedures for dealing with people in custody when they suspect the
person is concealing drugs.

Specifically, the four-person jury at the inquest into the death of
22-year-old Michael Kurash recommends suspects be observed at all
times when placed in an interview room.

It also recommends the arresting officer consult a senior officer on
what to do -- such as a strip search -- before leaving the suspect
alone in a room to place a call to a lawyer.

Kurash died at his father's home on Oct. 17, 2006, about three hours
after swallowing 4.4 grams of cocaine at the Saanich police station.
The young man was pulled over in a seat-belt check at Tillicum Mall
and arrested by Saanich police for possession of a small amount of
marijuana.

At the police station, Kurash was left alone in an interview room to
call his lawyer. After the call, Const. Mathew Jones told Kurash they
were going to strip search him. Kurash then asked to make another call.

During the search, two empty plastic baggies fell to the floor. Kurash
denied having drugs, but police didn't believe him. They released
Kurash with a warning that if he had done "something stupid like
swallowing drugs" he should go to a hospital right away.

On Tuesday, Cpl. Brian Kerr, former head of the West Shore RCMP street
crime unit, told jurors Kurash probably panicked and ingested the
lethal dose of cocaine because he was afraid of going to jail.

On Sept. 8, 2006, Kerr found 96.1 grams of cocaine with a street value
of about $8,000, 92 pills of crystal meth and $325 in American money
and $8,800 Canadian in a safe in Michael's room at his father's home.
Kurash was to appear in court in November 2006, charged with
possession of a controlled substance for the purpose of
trafficking.

Although Kerr was not critical of the Saanich officers involved in the
arrest, he said he would have searched Kurash before allowing him to
call his lawyer or kept him in sight while he made the call.

Insp. Sherry Dwyer said Saanich's senior officers will review the
jury's recommendations.

"On the surface, they certainly appear reasonable and
well-considered," said Dwyer, who sat through the three-day inquest.

Saanich police are in the process of installing video cameras in their
interview rooms, she said.

During the inquest, defence lawyer Christopher Massey would not
confirm he was Kurash's lawyer, citing the principles of lawyer-client
privilege.

The jury is now calling on the Law Society of B.C. to review their
policy and bylaws or provide direction to permit lawyers to reveal
pertinent information to an inquest when the client is deceased.

Defence lawyer Robert Mulligan, who spoke on behalf of Massey at the
inquest, said the recommendation would be given careful attention and
consideration by the Law Society.

"But the fundamental principles and values that give rise to
confidentiality requirements can transcend the perceived need to know
in a particular case," said Mulligan. "It can sometimes be a vexing
problem.

"The idea here is, we want clients to be able to consult their lawyers
in confidence without fear that somebody is going to be able to get to
that information later. It's bigger than the individual case. It might
be necessary to deal with it on a case-by-case basis."