CROWN IS OPPOSED TO SPLITTING UP ACCUSED

SPLITTING up the accused in the Manitoba Warriors trial would make it
difficult to prosecute the alleged gang leaders, the Crown warned yesterday.

"If the body falls so will the head and that's the way it is with criminal
organization charges," said Bob Morrison.

Morrison suggested it will be awfully hard to get a knockout if the smaller
players are tried separately.

Thirty-five alleged members of the native gang -- who face a host of cocaine
trafficking and weapons charges -- were rounded up in November of 1998.
Since then, 20 have entered into plea bargains.

The case is the first test of the federal government's anti-gang legislation
which gives police more powers to go after criminal organizations.

The prospect of severance was raised last week by Madam Justice Ruth Krindle
who had earlier denied such a motion by defence.

Case Plods On

However that was in the fall, and as the case plods on Krindle said she's
fearful it could collapse under its own weight.

For example, while the charges must be proven beyond a reasonable doubt, the
test relating to the admissibility of certain evidence with regard to
conspiracy is less stringent.

"I have to say that the more I think about this the dizzier I get," said
Krindle.

Defence lawyers will speak to the matter today. Some have accused the Crown
of keeping the accused together in a bid to drag things out, hoping that the
accused will get frustrated and enter guilty pleas.

According to the Manitoba Court of Appeal, so-called dead time is counted as
double time. Krindle noted that the accused could in effect have served as
six year sentence before a verdict is reached.

"That is something that is worrying me very much as we proceed on with this
monster trial that inches along,'' said Krindle.