JUDGES' MUMBO-JUMBO MAKES FOOLS OF COPS AND CITIZENS

I'm either losing the ability to harbour anger, or becoming a well-adjusted
individual. Follow me through a recent courtroom embarrassment, and see what
you think.

The event: an undercover operation in which crack cocaine was purchased.

My role in the drama had me walking along Hastings, across the street from a
two-person "buy" team -- keeping an eye on them as discreetly as possible.
This called for watching reflections in store windows and the like, finding
excuses to turn around: tying shoes and picking things off of the sidewalk,
etc.

It's not rocket science, though there can be trajectories involved. It
wasn't long before the signal was given that a buy had been made. I hadn't
seen the details of the drug purchase (and shouldn't share what the signal
was) but knew a deal had been done.

Myself and a partner tore across the street to make the arrest -- no great
fuss, nothing out of the ordinary. We run these operations by the dozens,
with flexible but fairly standardised routines. Evidence is collected,
crooks go to jail, the officers involved submit reports and carry on.

After what happened in court, these officers will have far less enthusiasm
for carrying on in the Downtown Eastside. A provincial court justice dumped
the case, calling myself and my friends liars in the most circuitous
language I've seen in years.

The man who sold us the dope made some daring allegations. He insisted we'd
beaten him, held a pistol to his head and threatened to drown him in nearby
Burrard Inlet.

Knowing his country of origin and hearing his testimony convinced me he was
a lapsed Catholic. Would a practicing one call down curses like this, after
lying about police gunplay? "There is a God in Heaven! May he strike me down
if I do not tell the truth."

I paraphrase from memory, but I was there, and the man repeated his
religious rant enough times to start me praying for his soul.

In summation, the judge shared wisdom regarding Canadian police: "Sometimes
they lie and sometimes they're violent. Undoubtedly when they lie and are
violent, the two not being always together, but not always apart either."

Wrap your mind around that if you're able. The judge continued, describing
the problem with assessing police evidence: " -- they are often professional
witnesses and to lie -- and particularly in a case such as this -- which
means altering one or two details, repeating a standard routine arrest, what
usually happens, what always happens, and just changing a little bit of it
and it will come out sounding quite plausible --"

Meaning, if I have this right -- that believable evidence is to be
discounted for the very reason that it is believable.

As you might imagine, each of us offered clarification regarding the
gun-to-the-head foolishness. I remarked that the physical end of the arrest
was uneventful, and that if there had been gunplay or a beating it would
have been shocking enough to emblazon itself in memory.

The man with the crack did sell some to one of us, but the next blast of
judicial rhetoric vaporised that. "If the constable was of a mind to set
somebody up, it wouldn't be particularly difficult to have two rocks of
cocaine. All you would have to do is seize 20 from somebody and say that
you'd seized 18 and you'd have two to spare. So if the police were of a mind
- --"

We're of a mind, all right -- to start telling the truth about what's
happening in the nation's courtrooms. The police, and by extension the good
people of Canada, are being made fools of.

Doubtless, fresh questions will be asked, regarding the leashing of this
undisciplined keyboard. Yet, come what may, expecting the police to remain
quiet about the way we're treated is asking too much.

Bear in mind that I'm making no demands of my own. This case is wide open to
appeal, awash in legal error, but I'm simply sharing facts with this
readership.

I'm also in no position to fix this, but you may be. Next time you're asked
who you want to vote for, insist that judges be added to the list. For my
part, I'll keep praying for the truth, and for a measure of sense to return
to our courtrooms.

Const. Mark Tonner is a Vancouver police officer. His opinions are not
necessarily those of the city's police department or police board. Tonner
may be contacted at The Province, or by e-mail at marcuspt@msn.com