ACCUSED MEN IN DRUG BUST TRY TO GET CASE TOSSED

TWO British Columbia men are seeking to have the richest highway drug
bust in Manitoba history tossed out of court, claiming RCMP violated
their rights by stopping their vehicle just west of Winnipeg.

Derek Laviolette and James Oddleifson are accused of possessing 46
kilograms of cocaine, which carries a street value of up to $3 million.

Their two-week trial began Monday with a motion to exclude all the
evidence, based on what they claim was an illegal search and seizure.

Queen's Bench Justice Murray Sinclair is expected to rule later this
week.

Headingley RCMP arrested the accused in July 2004 on the Trans-Canada
Highway after a seemingly routine traffic stop proved to be anything
but.

Laviolette and Oddleifson had been travelling east towards Winnipeg
and caught the attention of the Mounties when they made an abrupt lane
change, court was told.

An officer patrolling the westbound lane of the highway made a U-turn
and stopped their minivan, which had B.C. plates. She told court she
was considering issuing a ticket for failing to use a signal when
switching lanes.

Laviolette did not have a driver's licence, claiming he had lost his
wallet in Calgary. The officer said she had grounds to issue another
ticket, this time for failing to produce a licence.

The men said they were headed to Toronto to pick up some items for a
friend at McGill University. The officer said she immediately became
suspicious, since McGill is in Montreal.

Other Mounties arrived at the scene to assist, and Laviolette and
Oddleifson were split up to be quizzed further.

"We wanted to get their stories straight," the officer who stopped the
vehicle told court Monday.

She described Laviolette as having a "quivering and nervous" voice as
he spoke.

RCMP eventually felt there was sufficient grounds to search the
vehicle, which they impounded while an application for a warrant was
completed.

The search quickly moved the incident from a Highway Traffic Act probe
into a massive criminal investigation.

Police found 46 individually-wrapped kilogram bricks of cocaine hidden
inside the vehicle. Both accused were held in custody, but eventually
released on strict bail conditions that allowed them to return to the
West Coast.

Police continued their investigation, hoping they could follow the
drug trail and find the suspected supplier. However, no additional
arrests have been made.

Defence lawyer Evan Roitenberg challenged the actions of police
Monday, saying the lane change by the accused was done out of
necessity to avoid a potential crash.

Winnipeg police had stopped a recreational vehicle on the side of the
highway, and Laviolette and Oddleifson had moved into the middle lane
to give themselves some additional room while passing, court was told.

The minivan was also properly registered -- albeit in someone else's
name -- but there was no indication it had been stolen or that any
criminal activity was taking place, Roitenberg said.