DRUG-TRAFFICKING CHARGE DISMISSED OVER POLICE ARREST TACTICS

'Ends Do Not Always Justify Means,' Judge Says Of Cocaine Bust

Drug-trafficking charges against a Vancouver man found with 24 kilograms of
cocaine have been dismissed because of "planned and deliberate" Charter
violations by Vancouver police.

Provincial Court Judge Catherine Bruce excluded the evidence against Shu
Hua Zhou, 35, because of flagrant violations of the Canadian Charter of
Rights and Freedoms against arbitrary detention, unreasonable search and
seizure and lying about the reason for detention.

The charges were laid after an officer was tipped off by a VIA Rail
employee, who had received some training in what to look for in a suspected
drug courier, that two passengers had bought tickets to Toronto with cash
and would be staying in a private compartment.

Const. Glenn Thordarson and drug-squad members subsequently detained the
two men as they were about to board a VIA train in Vancouver on Jan. 3,
2003. The men were told their suitcases would be searched because of
"increased concerns for security after 9/11."

The cocaine, wrapped in 24 packages and worth about $35,000, was found and
seized.

"Before the arbitrary detention, the police had no idea if there were drugs
in the accused's luggage," Bruce said in her written judgment.

"The ends do not always justify the means.

"The police simply cannot detain any traveller they wish, regardless of the
grounds for doing so. The court cannot condone this cavalier approach to
the rights of the accused."

Bruce noted that, since it takes three days to reach Toronto, "the purchase
of bedroom accommodation is entirely understandable and not the least bit
unusual."

A second man charged in the case, Seak Fai Wong, 56, of Richmond has since
died of cancer.

"The fact the accused and Mr. Wong booked private accommodation does little
to raise a suspicion that they were transporting drugs," said Bruce.

After detaining them, Const. Ian Thurber used the "ruse" of a security
check to search the luggage.

"At no time was the accused told he was under investigation for drugs,"
said Bruce.

"Moreover, the breach of the accused's rights . . . was planned and
deliberate. The officers purposely provided a false reason for the
detention to further their investigation."

Const. Doug Brown conceded "there were no grounds to detain for a drug
investigation and thus he chose to detain for security concerns . . ."

"The police action in this case, based solely on a hunch, cannot deprive
the accused of the expectation of privacy he had in his luggage, even in a
public train station," the judge said.

Defence lawyer Chris Johnson applauded the decision.

"It was just an incredibly incompetent police investigation," he said.

"This is a huge amount of drugs. And the police investigated it in the same
fashion as they might a rock of cocaine at Hastings and Main. It was kind
of stunning that they would do that."

Const. Howard Chow said the police department is studying the judgment.