COPS FACE OBSTRUCTION CHARGES

Case Stayed After Two Accused Of Fabricating Evidence In Drug Case

At first glance, it must have looked like an open-and-shut case -- a
Winnipeg man apparently caught red-handed with a stash of cocaine and cash.

But now it is the arresting officers, not the suspected drug dealer,
who are before the courts facing serious criminal allegations.

The Crown attorney stayed charges of trafficking and proceeds of
crime against the 20-year-old accused based on information that
surfaced at his preliminary hearing last fall, according to court
documents. That surprise development triggered an internal Winnipeg
police investigation that ended this week with the arrests of the two
officers who arrested the young man in May 2008 following a search of
an inner-city home.

Const. Graeme Beattie, 29, and Const. Paul Clark, 40, now face an
internal hearing, which will determine their employment status while
charges of fabricating evidence, obstructing justice and public
mischief remain before the courts. Both officers were released on a
promise to appear in court at a later date.

The case against the inner-city resident appeared to be going
smoothly when it came up in court on Oct. 31 for a preliminary
hearing. Federal Crown attorney Erin Magas told provincial court
Judge Mary Curtis she expected defence lawyer Bruce Bonney to consent
to having the case committed to trial.

However, she said, Bonney had a few "charter issues" to raise with
the two arresting officers and would question them on the witness
stand. The lawyers requested a short recess for a private
discussion-- only to have Magas return saying the case won't be proceeding.

"Things really have changed," a clearly surprised Curtis replied.

"I received information. I'm staying the charge," Magas said without
further explanation.

The file was quickly forwarded to senior federal Crown attorney Ian
Mahon, who then sent a letter to Winnipeg police expressing concerns
about the investigation by the two officers.

Bonney told the Free Press on Thursday he couldn't talk about what
happened between him and Magas on the day of his client's hearing.

"Discussions about stays of proceeding are confidential and I can't
disclose any of them." Police announced late Wednesday the two
officers were charged after a criminal investigation by the Winnipeg
Police Service professional standards unit started last November.
After the file was forwarded to the Department of Justice to review
the charges, lawyers recommended charges be pressed against the officers.

The charges read that police "did with intent to mislead fabricate
report and notes, with intent that it should be used as evidence in
an existing judicial proceeding." The charges also state the officers
made a "false statement" by accusing the young man of drug trafficking.

A police spokesman refused to provide any more information on exactly
what the officers are alleged to have done.

Police spokesman Const. Jason Michalyshen said Thursday the officers
were moved to administrative duties "recently," but did not specify
an exact time frame. Both have three years of experience with the
police service.

Beattie's lawyer, Richard Wolson, confirmed he is acting for Beattie
and said his client maintains his innocence.

At the North End home Bonney's client listed as his residence in a
court document, residents expressed a strong anti-police sentiment
Thursday afternoon, with one calling police "gangsters."

The dilapidated house has a video camera on the outside.

The accused's mother said she was not home at the time of the arrest.
The man's cousin said he was at the home before police arrived, and
noticed officers driving around the block, but he left before police arrived.

"They're only facing charges because they came on private property,"
he said. "I seen cop cars cruising by, and then I was like, 'Man, I'm
going to get out of here before something goes down, and we like, you
know, get raided or something.'"