OOOPS

RCMP Drug Bust Nets Tomatoes And Dahlias

A Courtenay man is furious after police came to his house looking for
marijuana, only to discover garden tomatoes and dahlias.

Speaking on condition of anonymity, the man told the Echo that the
incident has left him "sick to his stomach" and calling for more
civilian oversight of the RCMP.

On Aug. 29 (Sunday) at about 10:30 p.m., the man was sleeping upstairs
in his room. His wife, who was preparing to head to bed, saw several
police cars pull up in front of the house.

The man said he awoke to his wife's shouting. He came downstairs to
see his wife standing on the porch in handcuffs and a police officer
told him he was under arrest for growing a controlled substance.

The man said that his wife, who is in her sixties and suffers from
tendonitis, was handled forcefully by police and suffered
"considerable pain" as a result.

He was presented with a search warrant for marijuana plants and told
that he and his wife would be taken into custody to the police station.

The man said he was allowed by the officers to go upstairs and change
clothes, but once he was downstairs, his wife's handcuffs were removed
and he noticed police officers with flashlights searching their back
yard.

He said he turned on the garden floodlight to allow the police
officers more light for their search.

"Almost in the blink of an eye there was a change in the atmosphere as
the cop that accompanied me upstairs advised us that there had been a
mistake," said the man.

The police search had yielded only dahlias and garden tomatoes -
plants that had mistakenly been identified by police as marijuana over
a two-week investigation that included aerial surveillance of the
couple's back yard.

According to the resident, a police officer involved in the
investigation told him he had patrolled near to the residence several
times before and had smelled the distinctive odour of marijuana
plants. It is not known where the smell came from.

Once the error was discovered, the man said the officers were
alternately apologetic and embarrassed. They left the residence soon
after.

The man said the fear he and his wife felt that night was replaced by
anger in the morning. They hand delivered a letter outlining their
concerns on Wednesday to the RCMP. On Thursday, Inspector Tom Gray,
the officer in charge of the Courtenay detachment, personally
delivered a letter of apology to the couple.

"I wish to state without any reservation and on behalf of the members
and the Royal Canadian Mounted Police and do apologize, for the harm
that occurred when you were arrested, handcuffed and a search warrant
executed at your residence on August 29, 2010," Gray said in the letter.

"It is important to reiterate that even though the members involved
did not intend to cause harm, and acted in good faith, I firmly
believe that we must continue to improve our practices in an effort
toward our overarching mantra of 'safe homes and safe
communities'."

Gray assured the Courtenay couple that police records of the incident
would be "unavailable" and would not affect their travel, and that
training and instruction of officers would reduce the possibility of a
similar event.

Gray also offered to issue a full or limited public apology, but
cautioned the couple: "Both actions could result in significant media
attention to yourselves and to the issue."

The Courtenay man, who does not have a criminal record, said he used
to have a favourable opinion of the RCMP.

He also has had family members serve in the force, including an uncle
who reached a high rank at the Victoria RCMP.

However, recent high-profile events, including the death of Robert
Dziekanski at Vancouver International Airport and the killing of Ian
Bush in northern B.C., have convinced him that public oversight of the
agency is needed now more than ever.

He said he wants his experience to serve the public
good.

"I feel like the public should be made aware of what happened," he
said.

"I don't want to sue; I don't want their money."

"I'm not interested in getting taxpayer money for a screw
up."

The Comox Valley RCMP did not return a phone call from the Echo before
deadline.