DRUG STING CAME TOO LATE: LAWYER

Defendant's Attorney Says Police Dragged Feet On Raid

Winnipeg police came under fire yesterday for allowing a massive drug
operation to remain open for business for five months -- serving up more
human misery -- while they conducted an undercover investigation.

Defence lawyer Jay Prober said police should have moved in after an
undercover officer made his first few cocaine purchases last October at Old
Joe's Sports Lounge and Deli.

Instead, the officer continued to gain the trust of drug dealers and made a
total of 39 buys before police shut down the Main Street business in March
during a highly publicized raid.

One of the dealers, Nathan Roache, 24, pleaded guilty yesterday to drug
conspiracy charges and was sentenced to four years in prison. Last week,
the business owner, Dawn Deane, also pleaded guilty and was forced to
forfeit her $70,000 interest in the business to the federal government.
Deane was also sentenced to four years in prison.

Two other alleged dealers remain before the courts.

"I often wonder why this is allowed to go on for so long. I mean, why do
police need 39 sales? Why not stop it at two or three?" Prober, who was
representing Roache, said yesterday in court. His comments came after Crown
attorney Chris Mainella detailed the police investigation, including
observations by the undercover officer that business was booming and long
lineups of cocaine abusers often formed inside.

Mainella said "the quantities are small but the misery is great," adding
that large quantities of drugs were often clearly visible to people who
entered the pool hall.

"It is somewhat inconsistent and hypocritical of the Crown to say it
creates all this misery while the police let it continue for so long," said
Prober.

He said police would never overlook a drug deal they witnessed on a street
corner, asking why one behind closed doors should be any different.

Provincial court Judge Wesley Swail defended the police actions, saying
they had a difficult job to do.

"I can't see that the police reasonably should have stopped the
surveillance before they did. Certainly the evidence they did uncover
revealed a comprehensive operation," he said. Winnipeg police spokesman
Const. Bob Johnson said undercover investigations pose a unique challenge
to investigators and don't always result in immediate action, despite the
wishes of some defence lawyers.

"We want to take every opportunity that avails itself to gather more
information and make sure we are dealing with the situation properly," he said.

In this case, the payoffs have been substantial. The seizure of the pool
hall, under new federal proceeds-of-crime legislation, marks the first time
in Canada that government has taken over a business used for criminal activity.

Previously, only homes and vehicles could be targets. More than $40,000 in
drugs and cash was also seized.

Deane, the sister of Hells Angels member Bernie Dubois, was the mastermind
behind the drug operation, according to the Crown.