DRUG ACCUSED WINS DAMAGES

Judge Cites RCMP For 'Gross Misconduct'

An Ontario judge yesterday ordered the federal government to pay
record-setting damages for suppressing massive quantities of evidence at the
trial of an Ancaster man charged with drug trafficking.

The Royal Canadian Mounted Police wasn't inadvertent or careless in
withholding evidence but in fact engaged in "gross misconduct" that violated
Sauro Greganti's constitutional right to a fair trial, Mr. Justice Walter
Stayshyn said .

The federal crown, however, is liable in law for the damages, Stayshyn said,
setting the amount at $116,085.42. This represents Greganti's legal costs
before the Mounties' misconduct led to charges against him being stayed.

"As far as I can tell, this is the largest award under the Charter of
Rights," Greganti's lawyer, Eddie Greenspan, said yesterday. "This is one of
the reasons we brought in the Charter of Rights, to control misconduct by
the police.

"The misconduct in this case was enormous," he said. "I only hope the RCMP
has learned the lesson that if they are going to cheat, if they are going to
lie and if they are going to act unfairly towards accused people, they are
going to pay a high price."

Greganti walked out of court into freedom Jan. 4 when Stayshyn stayed 12
drug-related charges and delivered a blistering attack on the RCMP for
concealing more than 3,500 of pages of files and investigative notes.

For months, Greganti's lawyers were assured they had everything. When the
evidence was finally turned over to defence lawyer Jane Kelly on the eve of
trial last September, it revealed that officers doubted their own key
witness against Greganti, who faced the possibility of life in prison if
convicted.

Federal prosecutor William West argued the government shouldn't pay costs
because the RCMP, by not turning over the documents, actually reduced the
amount of time the defence would need to prepare for trial.

Stayshyn said this illustrates that the crown still doesn't understand its
legal obligation.

"This assertion clearly demonstrates that even today the crown fails to
accept the principle of full disclosure," the Ontario Superior Court judge
said.

Ironically, yesterday's hearing took place at the John Sopinka courthouse -
named for the late Supreme Court of Canada judge who authored the seminal
ruling on the law of disclosure.

"I'm just glad the truth did come out in the end," Greganti, 44, said. "I'm
not trying to sound altruistic, but maybe it will help someone else.

"I think everyone's breathing easier," said Greganti, adding the three years
since his arrest have been an ordeal for his family.

Stayshyn also ordered the RCMP to return a car and money seized after
Greganti was charged.

The crown still hopes to prosecute him on charges of possession of proceeds
of crime.