News (Media Awareness Project) - CN NS: RCMP Officer Loses Bid To Get Drug Case Stopped |
Title: | CN NS: RCMP Officer Loses Bid To Get Drug Case Stopped |
Published On: | 2004-04-28 |
Source: | Halifax Herald (CN NS) |
Fetched On: | 2008-01-18 11:19:52 |
RCMP OFFICER LOSES BID TO GET DRUG CASE STOPPED
It seems a former RCMP officer's nightmares will continue at least until
his drug trafficking trial begins a little over a month from now.
Earlier this month, former constable Joseph Daniel (Danny) Ryan, 33, asked
the Nova Scotia Supreme Court to stay the charges against him.
He had filed an affidavit to the court spelling out personal difficulties
he has had since being charged and complaining that his case has taken too
long to get to trial.
Mr. Ryan, an ex-member of the Tantallon detachment's street team, told the
court he has suffered isolation from his peers, depression, humiliation,
job loss, nightmares, anxiety and financial difficulties.
But these problems are not unusual, Justice Walter Goodfellow wrote in his
decision, released Tuesday.
"There are certain consequences that all persons charged with a criminal
offence suffer," Justice Goodfellow wrote.
"The impact on their personal freedom often causes disruption in their
lives and great concern, isolation and anguish for their friends, family
and employment associates."
As for an unreasonable delay of his trial, Mr. Ryan had ample opportunity
to voice concerns during the many court appearances that he and his lawyer
made since he was charged in January 2002, the judge said.
"He clearly understood his right to be heard on whether the time frame
being proposed and the dates for trial were reasonable, and by such
attendance in the process, participation and expression of thanks to the
court, accepted the time frames as being reasonable," Justice Goodfellow wrote.
"There is not in Mr. Ryan's affidavit a word or suggestion that he has been
prejudiced in his right to a fair trial. There is no indication of any
witness or evidence having been adversely affected, lost or diminished by
the passing of time."
Mr. Ryan had also complained that excessive force was used during his
arrest. He said he was alone and unarmed, and was forced to the ground with
his hands at his sides while an officer held him at gunpoint.
"References to how he was arrested and improper conduct might provide for
support for what if any, civil action rights might be available to Mr.
Ryan," the judge said.
Mr. Ryan's trial will proceed as scheduled, on June 14 in Nova Scotia
Supreme Court.
It seems a former RCMP officer's nightmares will continue at least until
his drug trafficking trial begins a little over a month from now.
Earlier this month, former constable Joseph Daniel (Danny) Ryan, 33, asked
the Nova Scotia Supreme Court to stay the charges against him.
He had filed an affidavit to the court spelling out personal difficulties
he has had since being charged and complaining that his case has taken too
long to get to trial.
Mr. Ryan, an ex-member of the Tantallon detachment's street team, told the
court he has suffered isolation from his peers, depression, humiliation,
job loss, nightmares, anxiety and financial difficulties.
But these problems are not unusual, Justice Walter Goodfellow wrote in his
decision, released Tuesday.
"There are certain consequences that all persons charged with a criminal
offence suffer," Justice Goodfellow wrote.
"The impact on their personal freedom often causes disruption in their
lives and great concern, isolation and anguish for their friends, family
and employment associates."
As for an unreasonable delay of his trial, Mr. Ryan had ample opportunity
to voice concerns during the many court appearances that he and his lawyer
made since he was charged in January 2002, the judge said.
"He clearly understood his right to be heard on whether the time frame
being proposed and the dates for trial were reasonable, and by such
attendance in the process, participation and expression of thanks to the
court, accepted the time frames as being reasonable," Justice Goodfellow wrote.
"There is not in Mr. Ryan's affidavit a word or suggestion that he has been
prejudiced in his right to a fair trial. There is no indication of any
witness or evidence having been adversely affected, lost or diminished by
the passing of time."
Mr. Ryan had also complained that excessive force was used during his
arrest. He said he was alone and unarmed, and was forced to the ground with
his hands at his sides while an officer held him at gunpoint.
"References to how he was arrested and improper conduct might provide for
support for what if any, civil action rights might be available to Mr.
Ryan," the judge said.
Mr. Ryan's trial will proceed as scheduled, on June 14 in Nova Scotia
Supreme Court.
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