JUDGE ORDERS COPS TO HAND OVER NOTES

Notes used by Fredericton police officers to solidify their
application for a search warrant, which led to the arrest of Kevin
Mark Sexton on drug and firearms charges, must surrender their data to
the man's lawyer.

Sexton, who remains in jail pending the start of his trial Oct. 13, is
charged with 17 offences under the Criminal Code of Canada and the
Controlled Drug and Substances Act.

The 25-year-old of 260 Wetmore Rd. in Southwood Park was arrested by
police after $200,000 in drugs, four handguns, other prohibited
weapons and an estimated $70,000 Canadian and U.S. currency were found
in his home.

He's accused that on Jan. 14 he had cocaine for the purposes of
trafficking, was in possession of large quantities of ecstasy and
hashish and was in possession of illegal firearms.

Police also seized LSD and marijuana from the home.

Sexton's lawyer, George Kalinowski, made an application before
provincial court Judge Julian Dickson for disclosure of the police
information behind the search warrant.

Kalinowski wants notes from the investigating detectives, two other
police officers with dealings on the file and copies of any notes
exchanged among any of the officers involved.

The defence lawyer was willing to concede, however, that police can
black out information that would identify their informants or specific
details that would tend to identify the informants in the drug and
firearms case.

Dickson said refusal to disclose such information is at the discretion
of the Crown, but the Crown must also justify its refusal to disclose
information that might aid the accused defending himself.

The Crown claimed it needed to protect the informants, but Dickson
said since Sexton's lawyer is willing to accept the censored versions
of notes, there's no basis for withholding police notes.

The Crown's second argument, which Dickson also rejected, was that
Kalinowski was just on a fishing expedition.

Dickson said at the end of the day, Kalinowski's exercise may prove to
be fruitless, nevertheless the defence should have access to the
information, he said.

"Mr. Sexton is entitled to see all the background information,"
Dickson ruled.

At the same time, the Crown can vet the notes to delete information
that would tend to identify the source, the judge stated.

Dickson noted that the way search warrants are obtained is an
aberration in the way the Canadian justice system typically works
since applications are made in secret to a judge who hears only from
police as to why they need to enter someone's residence.

"A search warrant ... is the most powerful tool in the arsenal of
police to detect crime," Dickson said.

The respondent, however, has no opportunity to argue against the
application, he said.