JUDGE'S DECISION WIPES OUT DRUG CASE

Police Officiers Gave Contradictory Testimony

A drug case was thrown out of court yesterday after a judge found Winnipeg
police gave false evidence and violated the rights of the accused.

Court of Queen's Bench Justice Wilfred Degraves ruled the majority of the
evidence against Leo Sadiua was inadmissible.

DeGraves called into question testimony from one vice officer, saying he
was "wrong and not credible" and contradicted evidence of fellow officers.

"When this happens to civilians, they get called liars in court. The police
are supposed to be professionals," defence lawyer Neil Kravetsky said after
the decision. "They are not immune to, shall we say, colouring their
evidence to get a conviction."

Const. David Black testified earlier in the trial he and several other
officers placed a north-end Chinese restaurant under surveillance in March
1998. Black said he had received information from a source that the eatery
was being used as a base for a "dial-a-dealer" operation in which cocaine
was ordered by phone and delivered to the user.

Police wanted to gather enough information to get a search warrant for the
restaurant.

Black told court an informant said to watch for a courier named "Leto," who
was described as an Asian man in his mid-twenties. When Sadiua, who is
Asian, left the restaurant that night in a white Chevrolet Camaro, police
followed. According to Black, Sadiua began using "counter-surveillance"
techniques, including varying his speed, quickly stopping and starting the
vehicle, and changing directions.

Black testified Sadiua's actions provided sufficient grounds to stop him
and search his vehicle.

Once inside the car, officers found five grams of cocaine stuffed down the
passenger seat and Sadiua was arrested and charged with possession for the
purpose of trafficking. Police later obtained a search warrant for the
restaurant based on his arrest.

However, other vice officers who also followed the Camaro testified Sadiua
drove normally and did nothing unlawful prior to his detention. As a
result, the drug seizure and any statements made by Sadiua after the fact
were not admissible.

"There was no basis for the detention of the accused," DeGraves said. "That
he was zealous in his organization of the investigation cannot be
criticized; that he went beyond the facts in describing the accused's
driving . . . is inexplicable."

His decision forced federal Crown attorney Clyde Bond to kill the case.

Sadiua denies any knowledge of the cocaine, his lawyer said.

"Unfortunately for my client, he was Asian. Police had to create some type
of excuse (for pulling him over), and they coloured their evidence to
justify their actions."

Vice division Insp. Gary Walker took offence to suggestions police gave
tainted testimony. "I'm pretty outraged by that. I'd ask (Kravetsky) to
come forward with proof," he said.