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News (Media Awareness Project) - CN ON: Cop's Lies Kill Drug Charges
Title:CN ON: Cop's Lies Kill Drug Charges
Published On:2003-09-04
Source:Toronto Sun (CN ON)
Fetched On:2008-01-19 15:17:50
COP'S LIES KILL DRUG CHARGES

Serious charges against four men accused of supplying drugs to the Satan's
Choice biker gang were dismissed yesterday after a judge found an OPP cop
took the law "in his own hands" and lied under oath to get wiretap
authorizations. As a result, the wiretap evidence was excluded from the
trial, and without it the Crown was unable to prosecute further.

The case, which began more than six years ago as the seven-forces Project
Dismantle operation from southern Ontario to Thunder Bay and involved the
arrests of about 50 people, ended with 20 drug and weapons charges being
dismissed against the remaining four. They are Athanasios Bogiatzis, Thomas
Christodoulou, Paul Cusato and Reginald Churchill.

The charges were tossed due to a lack of evidence after Justice John
MacDonald ruled wiretaps in the case never should have been authorized
because affidavits included lies by OPP wiretap expert Det. John Cavanaugh.

WIRETAP EVIDENCE ESSENTIAL

Federal prosecutor Moiz Rahman said that the wiretap evidence was essential
to the prosecution's case, and without it the Crown couldn't obtain a
conviction. He asked all counts be dismissed.

Defence lawyers Delmar Doucette and John Hill said an inquiry and full
investigation should be held. Hill said he has "never seen anything like
this " in his 28 years as a lawyer.

"We need to obtain the court transcript, speak to the Crown attorney and
obtain the facts before we make any comment," OPP Supt. Bill Crate said.

MacDonald found Cavanaugh misled and defrauded the Superior Court judges
who issued the six wiretap authorizations. He also lied under oath while
testifying at a preliminary inquiry and destroyed documentary evidence he
used as the foundation of affidavits he swore to obtain the wiretap
authorizations.

"Det. Cavanaugh did not act in good faith. His falsehoods and misleading
statements in obtaining the wiretap authorizations ... were deliberately
deceitful," MacDonald said.
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