SHOT MAN VOWS APPEAL

David L. Glover rolls pennies to fund legal effort

A North Vancouver man who was shot by a Mountie in a drug raid in 1990 will
not have to pay the officer's legal costs.

David Lorne Glover, 40, lost a civil suit against Cpl. Glenn Magark in
March. On Monday, B.C. Supreme Court Madam Justice M. Marvin Koenigsberg
ruled that Glover did not have to pay Magark's legal costs.

"It is a small victory at last," said Glover. "They shot me and nearly
killed me and they were going to sue me for court costs."

Nine years ago, on March 19, 1990, North Vancouver RCMP officers obtained a
search warrant to enter Glover's home in which police believed was 1.4 kg (3
lbs) of marijuana. Police alleged Glover sold marijuana.

Glover answered his door holding a television remote control. Magark shot
Glover in the chest after Glover did not "freeze" when the officer yelled
either "Police, get down" or "Police, face down on the floor," according to
Koenigsberg's reasons for judgement.

Earlier this week, an emotional Glover said he wanted to appeal the lawsuit
but needed $12,000 to obtain a transcript of the court case. He was rolling
pennies for the appeal on Monday. Glover works as rubbish hauler and
handyman. Glover set up an account at a bank in Lynn Valley to raise money
for his appeal.

Glover's lawyer Peter Ritchie took on the case on a contingency basis
(payment by a percentage of the judge's award), but then continued on a
pro-bono or free basis.

Glover lost the lawsuit, in part, because, he sued Magark personally and did
not sue the Attorney-General of B.C or the Crown. Magark was acting for the
Attorney General as set out in the Police Act at the time of the shooting.
Glover sued Magark for negligence, assault, breach of duty and breaches of
Charter Rights relating to unreasonable searches and the right to life,
liberty and security of person.

In the lawsuit reasons for judgement, the judge described Glover as "not an
impressive witness. At trial he often displayed bitterness, anger, and an
unpleasant 'smart-Alec,' almost theatrical, attitude."

Koenigsberg said Magark's version of events was "relatively reliable." But
the judge called Margark's "firm" evidence that Glover deliberately
assaulted him "unlikely." Koenigsberg noted that if an unarmed Glover
attacked Magark, Glover likely thought the incident was a practical joke.

Magark said on Tuesday that his lawyer was paid by the federal department of
justice. Magark said that it was standard procedure for the department of
justice to ask for legal costs so that taxpayers do not pay for failed
lawsuits.

Magark said that he has dealt with the shooting personally. "I haven't
forgot about it," said Magark."My regret (is) that someone would not follow
a good strong police command and would be so silly to assault a police
officer under those circumstances." He said the incident has not caused
changes to the way police conduct drug search warrants. Glover's marijuana
trafficking charge resulting from the raid was dropped. At the time of that
trial, Glover was in jail in Ontario. Glover is before the courts in North
Vancouver presently for assaulting his now estranged wife. Glover was found
guilty. A pre-sentencing report is expected at the end of the month.

Meanwhile on Jan. 17, 1992 Magark shot Shayne Hawkes while searching for
burglary suspects at the Sutherland Bible Chapel. Hawkes was hiding in a
bathroom cubicle, crouching on a toilet when Magark stepped into the
cubicle. Hawkes lunged at the officer.