DELAY BRINGS END TO DRUG CHARGES

$3.9 Million Case From 1999 Stayed by Court

An Ontario Superior Court judge has thrown out charges against an
alleged drug dealer who police say possessed $3.9 million worth of
marijuana, hashish and LSD because the wheels of justice didn't move
fast enough.

Fifteen drug-related charges against Roman Paryniuk, 39, were stayed
yesterday because his trial didn't begin within a "reasonable" time,
Mr. Justice Russell Juriansz ruled in a University Ave. courtroom. The
judge said the case was delayed unjustifiably by 14 to 18 months.

The stay was granted at the request of the defence, who argued that
the lengthy delay violated Paryniuk's Charter rights.

"In this case, on the findings I have made, there has been significant
institutional delay and delay attributed to the crown, which are
difficult to unravel," Juriansz stated in his written reasons.

The case was scheduled to go to trial this month, 3 1/2 years after
Paryniuk was charged.

Paryniuk sighed in relief and hugged his lawyers, Delmar Doucette and
Edward Sapiano, after court adjourned.

A stay of proceedings means the charges are no longer before the
courts but can be reactivated by the crown within one year.

An undercover investigation by the Ontario Provincial Police in Barrie
and Toronto drug squad officers led to the Toronto man's arrest in
March, 1999. Police executed search warrants at Paryniuk's home, a
CIBC safety deposit box and an Etobicoke warehouse.

As a result of the searches, he was charged with a number of offences,
including conspiracy to traffic in ecstasy, trafficking in ecstasy,
eight counts of possession for the purpose of trafficking, unlawfully
pro-ducing a controlled substance and possession of a prohibited weapon.

"The seizures are said to include 121 pounds of psilocybin (magic
mushrooms), 13 grams of ecstasy, over 100 pounds of marijuana, over
200 pounds of hashish, 3,800 hits of LSD, a complete ecstasy lab and
some $670,000 in cash," Juriansz stated in his ruling.

In another twist, one of the police officers involved in the case,
Toronto Constable Mark Denton, was later charged with possession of
hashish for the purpose of trafficking.

At the time of his Jan. 14, 2000, arrest, Denton "made a statement to
York Region police that the hashish may have come from the Paryniuk
investigation," Juriansz said.

As a result, Paryniuk's lawyers requested disclosure of all material
related to the criminal charge against Denton. The crown refused to
disclose all of the information. But in the Denton case, information
about the Paryniuk case was shared with the officer's lawyer. The
charge against Denton was thrown out in February.

"I find that the crown did not adopt its position refusing to disclose
the Denton case brief reasonably and in good faith," Juriansz ruled.

"The justice department has a different standard for disclosure for
citizens than they do for police," Sapiano said after the ruling.

Sapiano said he expected the outcome based on the facts of the case
and the law. "This is a complete vindication for my client," he said.

Prosecutor Rick Visca said it was too early for him to comment on the
ruling or whether he would appeal Jurainsz's decision.

In a separate case dating back to November, 1995, Paryniuk was charged
with importing and conspiracy to import hashish. He is to appear in
court on those charges next month.