COURTS NEED 'AN OVERHAUL'

Police Frustrated Two Years Of Work Appear To Have Been Wasted

Police are disheartened prosecutors want to throw out most of the charges
against an alleged drug gang to focus on nine people in what has been
called Alberta's largest criminal case.

"(Investigators) have put two years of their lives into the file," said
police spokesperson Annette Bidniak. "It can be frustrating to see the
charges dropped for the sake of streamlining."

Bidniak said she understands what a burden it is on the judicial system to
try 33 people at one time. But if the system can't handle gang trials,
organized crime will grow in power and size.

"The point will have to come when someone realizes the system needs an
overhaul to accommodate (large gangs)."

Last week, prosecutors asked to have several charges dropped to simplify a
months-long trial involving 33 accused. Under the Crown plan, nine people
would be tried on charges of being members of a criminal gang, conspiracy
to traffic in cocaine and possessing the proceeds of crime.

Most of the rest would face trial on a single charge of conspiracy to
traffic in cocaine.

Chief criminal prosecutor Janet Henchey defended the decision, calling it
the only way to present evidence in court. "It is a huge process with a
huge number of accused. The more players in the process, the more difficult
it is."

Experts argue the effectiveness of the 1997 federal anti-gang legislation
is being tested as cases go to trial. Last summer in Winnipeg, a
gang-conspiracy trial ended prematurely when the key players pleaded guilty
to reduced charges.

In that case, 12 of 35 members and associates of the Manitoba Warriors
pleaded guilty to cocaine trafficking and gang-conspiracy charges were
dropped. Two pleaded guilty under the anti-gang law.

Dave Phillips, the Winnipeg lawyer who defended Manitoba Warriors street
gang members, called the prosecution's proposal to reduce the number of
charges in Edmonton's alleged drug gang a "wise decision."

"There are too many accused. Too many lawyers in front of a jury," he said.
"The anti-gang legislation is best reserved for the most serious of criminals."

Defence lawyer Paul Moreau last week said it is "tragic" his client has
been in the remand centre since September 1999 for an organized crime
charge he no longer faces.

Queen's University faculty of law professor Don Stuart said the fact the
charge was withdrawn suggests it shouldn't have been laid in the first place.

The legislation was never intended to respond to gang problems, but was a
political move to satisfy public demand to alleviate gang turf wars in
Quebec, he said.

"There is absolutely no evidence that anti-gang measures have reduced
violence," Stuart said.

The nine people the Crown wants tried on charges of being members of a
criminal organization are De Trang, 55; Tuan Trang, 29; Binh Trang, 26;
Cuong Trang, 26; Ly Duy Phan, 25; Thao Mai Dao, 26; Joseph Kochan, 23; Vi
Quoc Tang, 27; and Phuc Truong, 30.

Court of Queen's Bench Justice Mel Binder is scheduled to hear the Crown's
application March 21.