OFFICERS FACED GRILLING AT TRIAL

Defence Planned To Attack Conduct Of Police Chief'S Stepson, Partner

DEFENCE lawyers were preparing to attack the conduct of two Winnipeg
police officers who are now under internal investigation for allegedly
lying under oath in a drug prosecution that collapsed, according to
court documents obtained Friday by the Free Press.

Const. Peter O'Kane and his partner, Const. Jess Zebrun -- the stepson
of Chief Jack Ewatski -- would have been grilled at trial about the
validity of a search warrant they obtained and whether the information
sworn to a magistrate was "sufficient and accurate" if the case had
not been recently stayed by the Crown.

Even if the warrant was found to be valid, lawyers Evan Roitenberg and
Darren Sawchuk planned to argue that the officers "may have illegally
entered a hotel room where the drugs were located prior to the warrant
being obtained."

The intended defence is contained in a pre-trial memo located on the
court file of the two accused. Scott Guiboche and Danny George walked
free on serious charges of possession of cocaine for the purpose of
trafficking and possession of proceeds of crime last November, despite
the fact police found approximately two pounds of cocaine and $30,000
cash.

Crown attorney Michael Foote offered no explanation for entering a
stay of proceedings. However, Foote did express concerns during a
February 2006 preliminary hearing that police "have not been
forthcoming" with their disclosure of information pertaining to their
search warrant.

The Winnipeg police professional standards unit is now investigating
the two officers and their roles in the case. Both officers have been
reassigned to internal desk duties while the investigation is ongoing.

A hotel employee has provided information that supports the theory of
defence lawyers that the officers had gone into the hotel room without
a warrant, according to police and legal sources.

When they testified at the preliminary hearing, O'Kane and Zebrun
claimed their suspicions about the hotel room weren't based on an
illegal sneak peek but rather on the information of a mysterious informant.

The pair told a judge they never entered Room 1707 at the Fairmont
Hotel until after they had obtained a search warrant, which they based
on a tip from the unknown source, according to a transcript of the
case that is on the court file.

But the pair gave different accounts in court of when they first went
to the hotel and how many times they stopped in at the hotel the day
the arrests were made in July 2005.

O'Kane and Zebrun told court how the now-controversial drug
investigation began with a routine call about a disturbance.

The officers found a drunk and disorderly man named Scott Guiboche and
took him to the Main Street Project for lodging under the Intoxicated
Persons Detention Act. However, their focus shifted when a routine
pat-down uncovered nine rocks of crack cocaine, court was told.

Guiboche was taken to the Public Safety Building and put in a holding
cell, now facing a charge of possession of drugs for the purpose of
trafficking.

The story takes a twist, O'Kane testified, when an anonymous phone
call came into the police station just as they were processing Guiboche.

The caller -- whom O'Kane identified only as 'X" -- had some revealing
information about Guiboche.

"He said he had a room, 1707 at the Fairmont, which was a reloading
station. He said he has lots of cash and crack in there," said O'Kane.

The caller claimed he had been in the room with Guiboche and had
previously given confidential information to another police officer in
a theft investigation.

Under cross-examination, defence lawyers appeared skeptical about the
existence of the informant.

O'Kane said he took no steps to obtain any information about the
mysterious caller, such as his name or background. Instead, he said he
felt the man was a reliable source after he called the other officer,
who confirmed the nameless caller had once been a source of good
information.

O'Kane said he also expressed shock to his partner about the good
timing of the informant's call about the very man they had just
arrested a couple hours earlier.

"I said 'you won't believe this guy just phoned here and says there's
a room at the Fairmont with crack and money," he told court.

As well, the tipster's information seemed to mesh with a Fairmont
Hotel swipe card they found in Guiboche's pocket during his arrest, he
said.

O'Kane told court he and Zebrun then went to the Fairmont, spoke with
the night manager and confirmed Room 1707 was being rented out by a
man named Danny George. He said they called for some additional
officers to watch the exterior of the room while they returned to the
PSB to fill out an application for a warrant.

Zebrun told a different story. He testified he and O'Kane went to the
Fairmont for the first time only after they had already obtained the
warrant.

"(The night manager) advised us of the suite number that the card
belonged to and who was renting that suite, the name at least that was
on the paper. And then we went up and executed the search warrant,"
said Zebrun.

"OK, so you had the search warrant with you when you went and saw the
manager," asked Sawchuk.

"Yes, I believe so," said Zebrun.

"How many times did you go into that suite, 1707, that day?" asked
Sawchuk.

"Just one," said Zebrun.

In their information to obtain a search warrant, O'Kane and Zebrun
swore before a magistrate they had "conducted police investigative
techniques" to verify that the informant's information about the hotel
suite was accurate.

O'Kane told defence lawyers in cross-examination the investigative
techniques involved learning from his fellow officer "X" was a good
source, confirming the swipe card found on Guiboche was valid and
confirming that the room was registered in George's name.

Lawyers also questioned the two officers about the fact they
specifically noted "crack, money, scales and packaging material" could
be expected to be found in the hotel suite -- even though the
informant apparently only mentioned drugs and cash.

Packaging material such as Ziploc baggies and Saran Wrap were found
immediately upon entering the suite, court was told.