DIRTY MOUNTIE, CLEAN RECORDS

Appeal Court Clears a Dozen Drug Convictions

It's been years since they pleaded guilty, but now a dozen Nova Scotia
men have had their drug convictions overturned because of a dirty
cop's involvement in the investigations.

In a decision released Wednesday, the Nova Scotia Appeal Court quashed
the convictions and stayed the proceedings after it came to light that
the cases relied heavily on evidence obtained through search warrants
issued on the basis of "fabricated or unreliable information" from
Daniel Ryan, a former RCMP constable convicted of drug dealing.

Mr. Ryan was once a respected officer but his misdeeds were revealed
by someone in custody who claimed the officer gave him drugs to sell.

Allegations that Mr. Ryan received money from the sale were confirmed
during an undercover sting operation in 2002.

Following Mr. Ryan's conviction, the RCMP reviewed all the cases the
former officer worked on during his time with the Tantallon
plainclothes team. These 12 cases jumped out as suspicious, the Appeal
Court decision said.

"Had the appellants been aware of Ryan's misconduct, was there a
realistic possibility that they would have run the risk of a trial?"
the appeal judges wrote in their decision. "Certainly."

Because of this new evidence, the federal Crown promptly notified the
accused and offered to help have their convictions quashed.

"This underlines the importance of maintaining the integrity and
fairness of the justice system," said Dan Brien, spokesman for the
Public Prosecution Service of Canada.

"When there is evidence that this has been compromised, the
(prosecution service) and ultimately the courts will take the
necessary steps to address it.

"In this case, that meant quashing those convictions against each of
the individuals and ordering a stay."

It was Jan. 23, 2002, when RCMP investigators set a trap to catch one
of their own. They placed 1.8 kilograms of wrapped marijuana at a
location off Highway 333 in Seabright and set up watch.

The informant, who wore a wire, told Mr. Ryan where the drugs were and
met him in the officer's unmarked police car.

On the audiotape, Mr. Ryan could be heard saying he wanted $3,000 to
$5,000 from the drug sale. He was also caught on videotape removing
the drugs, which police later recovered.

Mr. Ryan was arrested and charged with trafficking marijuana and
breach of trust. In 2004, the former officer was sent to prison for
four years but got out on accelerated day parole after only eight months.

Now believed to be living in Quebec, Mr. Ryan could not be reached for
comment Wednesday.

An RCMP spokesman said the force has taken steps to better ensure the
validity of search warrants, including appointing co-handlers for each
document.

"The overwhelming majority of search warrants are legitimate," Sgt.
Mark Gallagher said in an interview Wednesday.

"There are a number of checks and balances we have in place . . . to
ensure that we have a search warrant that has met all the challenges
that can be met in court."

He called Mr. Ryan's actions "unfortunate" and pointed out it was an
isolated incident.

"Obviously, it's not something you want to see," Sgt. Gallagher said.