MAJOR DRUG CASE AGAINST ASIAN MEN STAYED BY CROWN

Defence accused RCMP of racial profiling

A major drug case went up in smoke yesterday when the Crown stayed criminal
charges against two Asian men -- just as their lawyers were set to argue the
RCMP were guilty of "racial profiling".

Derek Au and Kam Cheong Leong were stopped in a van on the western edge of
Winnipeg in December 2002. The pair was travelling on the Trans-Canada
Highway from British Columbia to Ontario.

RCMP Const. Ken Walkden testified during the preliminary hearing the vehicle
was being driven in a lawful manner and that he was simply conducting a
routine spot-check, as he had does hundred of times each year.

He uncovered 36 kilograms of marijuana concealed inside a covered box in the
rear of the van, which had B.C. licence plates. The estimated street value
of the drugs was $500,000.

Au and Leong, who live in B.C. and Ontario, were both charged with
possession for the purpose of trafficking.

The case was set to go to trial yesterday, but defence lawyers Danny Gunn
and Roberta Campbell filed a legal motion challenging the admissibility of
the drug evidence. They noted the search of the van was conducted without a
warrant or consent from the accused, who weren't given their right to
counsel. They argued the search was arbitrary and without foundation.

But their greatest concern -- and most controversial aspect of the motion --
was the officer's admitted history of regular roadside spot-checks.

In fact, Walkden told court of 212 other highway stops between April 2001
and March 2003 where either drugs or drug accessories were seized by him. He
even documented them in a list tendered as evidence.

"It is submitted the details of the 212 seizures will likely reveal a
pattern of conduct on the part of the officer showing wanton disregard for
the Charter of Rights and Freedoms," their motion read.

"It is further submitted that the details of the 212 seizures will likely
reveal evidence of racial profiling."

The list of all 212 stops was obtained by the Free Press yesterday and
simply states the date and what was found. In some cases, the finds are
recorded as "smell of marijuana" or "pipe", neither of which could have led
to criminal charges. As well, there was no indication by Walkden of how many
other vehicles he stopped where no seizure was made and the motorist was
allowed to continue on their way.

Gunn and Campbell planned to argue the colour of their client's skin
contributed to them being singled out on the highway on the winter day they
were arrested.

The lawyers were demanding full disclosure from police about the specifics
of Walkden's roadside stops, including names and nationalities of people who
were checked.

"This would include the reason and rationale behind the stop as well as any
subsequent disposition of the matter," their motion read.

Gunn and Campbell believed the disclosure would paint a revealing picture
about who was being stopped on Manitoba highways.

Federal Crown officials were refusing to provide the requested information
on the grounds they were irrelevant to the case against Au and Leong.

Queen's Bench Justice Alan MacInnes was set to hear arguments yesterday on
the issue, which became moot when the Crown suddenly announced they were
dropping the case and staying the charges.

The Crown gave no reasons for the decision yesterday.