CN MB: Officers Faced Grilling At Trial

OFFICERS FACED GRILLING AT TRIAL Defence Planned To Attack Conduct Of Police Chief'S Stepson, Partner DEFENCE lawyers were preparing to attack the conduct of two Winnipeg police officers who are now under internal investigation for allegedly lying under oath in a drug prosecution that collapsed, according to court documents obtained Friday by the Free Press. Const. Peter O'Kane and his partner, Const. Jess Zebrun -- the stepson of Chief Jack Ewatski -- would have been grilled at trial about the validity of a search warrant they obtained and whether the information sworn to a magistrate was "sufficient and accurate" if the case had not been recently stayed by the Crown. Even if the warrant was found to be valid, lawyers Evan Roitenberg and Darren Sawchuk planned to argue that the officers "may have illegally entered a hotel room where the drugs were located prior to the warrant being obtained." The intended defence is contained in a pre-trial memo located on the court file of the two accused. Scott Guiboche and Danny George walked free on serious charges of possession of cocaine for the purpose of trafficking and possession of proceeds of crime last November, despite the fact police found approximately two pounds of cocaine and $30,000 cash. Crown attorney Michael Foote offered no explanation for entering a stay of proceedings. However, Foote did express concerns during a February 2006 preliminary hearing that police "have not been forthcoming" with their disclosure of information pertaining to their search warrant. The Winnipeg police professional standards unit is now investigating the two officers and their roles in the case. Both officers have been reassigned to internal desk duties while the investigation is ongoing. A hotel employee has provided information that supports the theory of defence lawyers that the officers had gone into the hotel room without a warrant, according to police and legal sources. When they testified at the preliminary hearing, O'Kane and Zebrun claimed their suspicions about the hotel room weren't based on an illegal sneak peek but rather on the information of a mysterious informant. The pair told a judge they never entered Room 1707 at the Fairmont Hotel until after they had obtained a search warrant, which they based on a tip from the unknown source, according to a transcript of the case that is on the court file. But the pair gave different accounts in court of when they first went to the hotel and how many times they stopped in at the hotel the day the arrests were made in July 2005. O'Kane and Zebrun told court how the now-controversial drug investigation began with a routine call about a disturbance. The officers found a drunk and disorderly man named Scott Guiboche and took him to the Main Street Project for lodging under the Intoxicated Persons Detention Act. However, their focus shifted when a routine pat-down uncovered nine rocks of crack cocaine, court was told. Guiboche was taken to the Public Safety Building and put in a holding cell, now facing a charge of possession of drugs for the purpose of trafficking. The story takes a twist, O'Kane testified, when an anonymous phone call came into the police station just as they were processing Guiboche. The caller -- whom O'Kane identified only as 'X" -- had some revealing information about Guiboche. "He said he had a room, 1707 at the Fairmont, which was a reloading station. He said he has lots of cash and crack in there," said O'Kane. The caller claimed he had been in the room with Guiboche and had previously given confidential information to another police officer in a theft investigation. Under cross-examination, defence lawyers appeared skeptical about the existence of the informant. O'Kane said he took no steps to obtain any information about the mysterious caller, such as his name or background. Instead, he said he felt the man was a reliable source after he called the other officer, who confirmed the nameless caller had once been a source of good information. O'Kane said he also expressed shock to his partner about the good timing of the informant's call about the very man they had just arrested a couple hours earlier. "I said 'you won't believe this guy just phoned here and says there's a room at the Fairmont with crack and money," he told court. As well, the tipster's information seemed to mesh with a Fairmont Hotel swipe card they found in Guiboche's pocket during his arrest, he said. O'Kane told court he and Zebrun then went to the Fairmont, spoke with the night manager and confirmed Room 1707 was being rented out by a man named Danny George. He said they called for some additional officers to watch the exterior of the room while they returned to the PSB to fill out an application for a warrant. Zebrun told a different story. He testified he and O'Kane went to the Fairmont for the first time only after they had already obtained the warrant. "( The night manager ) advised us of the suite number that the card belonged to and who was renting that suite, the name at least that was on the paper. And then we went up and executed the search warrant," said Zebrun. "OK, so you had the search warrant with you when you went and saw the manager," asked Sawchuk. "Yes, I believe so," said Zebrun. "How many times did you go into that suite, 1707, that day?" asked Sawchuk. "Just one," said Zebrun. In their information to obtain a search warrant, O'Kane and Zebrun swore before a magistrate they had "conducted police investigative techniques" to verify that the informant's information about the hotel suite was accurate. O'Kane told defence lawyers in cross-examination the investigative techniques involved learning from his fellow officer "X" was a good source, confirming the swipe card found on Guiboche was valid and confirming that the room was registered in George's name. Lawyers also questioned the two officers about the fact they specifically noted "crack, money, scales and packaging material" could be expected to be found in the hotel suite -- even though the informant apparently only mentioned drugs and cash. Packaging material such as Ziploc baggies and Saran Wrap were found immediately upon entering the suite, court was told.














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