DRUG CASES TOSSED OUT

Charges Against 11 Alleged Gang Members Stayed After 'Shocking' Finds

Citing unreasonable delay and "shocking" evidence disclosure failures, a
judge in a massive drug gang trial yesterday tossed out charges against 11
alleged gang members.

In a 122-page decision, Court of Queen's Bench Justice Doreen Sulyma
harshly criticized both the federal Crown and police on the disclosure
fiasco, which included the late discovery of 36 boxes of evidence at
Edmonton RCMP headquarters and two boxes in a city cop's basement.

"The discovery of a huge amount of material in K-Division and elsewhere
almost one year after this trial began is nothing short of shocking,"
Sulyma said.

"The Crown and police failed to ensure that an adequate protocol was in
place to identify properly disclosable material and, at least initially,
failed to dedicate adequate resources to the task of disclosure."

The judge noted each of the accused, alleged members of the Trang drug
gang, were held behind bars for at least six months and most of them for a
year.

She said misleading statements by the Crown relating to the disclosure
might have affected decisions by both the accused and the court. "In view
of this prejudice to the accused, the delay which has occurred in these
proceedings cannot be tolerated," said Sulyma, adding the accused were
deprived of their charter rights to be tried in a reasonable time.

The judge issued a stay of proceedings on charges of conspiring to traffic
in cocaine against Alex Chan, 33, Sai Ming Fok, 34, Tien Lai Lam, 55, Willy
Lau, 21, Hiep Quang Le, 35, Thi Loang Le, 23, Anh Le Tran, 24, Bao Minh
Tran, 21, Trung Quoc Tran, 24, Adrian Tiburico Vergara, 24, and Josephine
Soo Yun Voon, 24.

The 11 accused were originally part of a group of 36 arrested in September
1999 following a massive $750,000, 14-month joint police operation in
Edmonton, Red Deer and Fort McMurray.

In March 2001, the Crown streamlined its case by splitting it into two
trials, with the 11 being part of a group of 21 alleged lower-echelon gang
members - charges had been earlier stayed against at least 10 of them.

A $2.1-million super-courtroom was built in the bowels of the downtown
courthouse for the case, and millions more taxpayers' dollars have been
spent on court-ordered defence legal fees and other expenses.

Prominent defence lawyer Hersh Wolch, who represented Thi Le, said the
accused are "relieved" by the stay, but are still in shock because of the
trial's lengthy duration. "They can't get used to it because they've been
living with it for so long," said Wolch. "It's hard to believe it."

Wolch said the Crown was doomed from the start.

"It was too big a charge and there were too many charges and it took a long
time for the Crown to get it into focus, and then it was too late," he said.

"The judge was quite right. It was extreme prejudice to tie them up for so
long."

Neither Justice Canada nor police would comment on the decision due to the
30-day appeal period.

"Justice officials have just received the decision and are reviewing it
carefully," said Justice Canada spokesman Maureen McLellan yesterday.