LAWYER WANTS DRUG PROBE DETAILS

OPP Investigation Of Durham Unit At Centre Of Motion

OSHAWA -- A judge has been asked to lift the blanket of secrecy over an OPP
probe into alleged wrongdoing by the Durham Regional Police drug unit.

An application filed by defence lawyer Barry Fox before Judge Joseph De
Filippis seeks the court-ordered disclosure of details of the OPP's ongoing
investigation of Durham's drug enforcement unit, now into its 10th month.

The defence motion derailed the scheduled trial of Lan Thi Tran, a
32-year-old Pickering woman accused of running a residential marijuana grow
operation busted by police in 2002.

Lawyers for the defence, federal justice department, OPP, Durham police
Chief Kevin McAlpine and a member of his force's drug squad appeared
Wednesday before Judge De Filippis in the Ontario Court of Justice, Oshawa.

Mr. Fox filed the third-party records application seeking to obtain OPP
documents, and internal Durham police complaint and discipline files.

The OPP is resisting the defence motion and after meeting with lawyers in
his chambers, Judge De Filippis told court he'd be "hard-pressed" to order
details be disclosed with the drug squad investigation still ongoing.

"It may be some time yet before the investigation is concluded," he said.

With all sides in agreement, Judge De Filippis decided to adjourn Ms.
Tran's trial and deal with the motion in three months - in the hope the OPP
will complete its "investigation of the local unit so the cloud can be
removed."

If the probe still isn't finished by that time, federal prosecutor Sevag
Yeghoyan "will have to make some tough choices," the judge said.

Mr. Yeghoyan told court the Crown has no direct knowledge or files in its
possession relating to the OPP's investigation.

Ms. Tran's case was put over to Feb. 4.

Last February Chief McAlpine asked OPP to investigate alleged criminal and
professional misconduct by some members of his 12-officer drug unit.

The source of the allegations is a former member of the squad, said the
chief when the probe was announced.

In a mass voluntary transfer request, in apparent protest over the OPP
probe, remaining drug officers recently asked to be moved from the unit.

Ms. Tran was among dozens of Durham residents charged last year as part of
a drug-squad campaign targeting large-scale, sophisticated, residential
marijuana grow operations concealed in subdivisions around the region.

She was arrested Sept. 26, 2002 after police raided a Lightfoot Place
residence in Pickering, seizing 772 pot plants worth an estimated $333,000.

Police also confiscated $35,000 worth of hydroponics equipment, allegedly
powered by electricity siphoned from an illegal hydro bypass.

Ms. Tran faces charges of production of marijuana, possession of marijuana
for the purpose of trafficking and theft of hydro over $5,000.

The defence, meanwhile, has also applied to have the charges against Ms.
Tran stayed based on "unreasonable delay" in bringing the case to trial.

Outside court, Mr. Fox said he plans to pursue the disclosure application
"to find out what information the OPP may have into any alleged
wrongdoing... and whether there's an impact on the case my client is facing."

The Toronto lawyer said a similar request would be filed in Superior Court
in Whitby on behalf of another local client, also facing drug-growing charges.