NET CAST TOO WIDE: EXPERTS

Police and Crown prosecutors are biting off more than the courts can chew when
they try to curb gang activity by laying multiple charges against many
suspects, legal experts say.

A judge's decision this week to dismiss a criminal case against 11 people
should tell authorities to focus on the most serious offenders rather than cast
too wide a net, lawyers, academics and police experts contend.

They point to gang trials in other jurisdictions that have suffered similar
setbacks when the massive cases bogged down in the courts.

"These cases are just too unwieldy," said University of Manitoba law professor
Lee Stuesser.

"Any objective observer looking at the number of people charged and the number
of people involved would say to the Crown: 'Don't do it.' "

On Monday, Justice Doreen Sulyma of Edmonton's Court of Queen's Bench stayed
charges against the men, who were accused of trafficking cocaine. They have
spent four years awaiting trial, and most spent six months to a year in
custody.

Sulyma blasted the Crown and police for failing to disclose 38 boxes of
evidence until late in the proceedings, calling it "nothing short of shocking."

She blamed the Crown for dragging out the proceedings a year longer than
necessary. Her ruling raises concern about the outcome of another case against
eight others arrested at the same time.

Anne McLellan, federal justice minister when the charges were laid, defended
the system yesterday, saying no one is to blame. "I do think we need to put a
premium on making sure everyone understands we will prosecute organized crime
in this country and we will ... get where appropriate, obviously, convictions
and we need to redouble our efforts."

But law professors say it should come as no surprise that the system isn't
working. "You can't bring those charges, based on all the amount of disclosure
you need," said Stuesser. "It's just not doable."

Stuesser said Manitoba authorities had similar problems when they tried to
prosecute suspected members of the Manitoba Warriors three years ago and ended
up accepting plea bargains on lesser charges after spending $6 million to build
a secure courtroom to handle the trial. He said Manitoba appears headed down
the same path with another trial slated to start in January against five
suspected Hells Angels associates.

"Silliness. That's the only word for it," Stuesser said. "I would almost defy
the Crown to come forward with an example of a successful mega-trial. It seems
like every jurisdiction has to try one and get burned."

Bob Claney, executive director of the Edmonton Police Association, said the
decision to stay the charges is frustrating for officers. "It is the public
itself that is asking what the hell is going on with all these dollars being
spent by the police and the courts and these things disappear in a puff of
smoke.

"It leaves a very sour taste in everybody's mouth. The whole system seems to be
spinning out of control."