Halifax, N.S. (Canadian Press) – Nova Scotia’s Court of Appeal has quashed drug convictions against a dozen people because an RCMP officer fabricated evidence against them.
In a decision released Wednesday, the court says all of the convictions cannot stand because former Mountie Daniel Ryan sold drugs while lying under oath to justify search warrants for the premises of the 12 men who were convicted.
“While investigating the appellants for drug-related offences, then RCMP officer Daniel Ryan kept a dark secret,” the court says in its decision. “In fact he was a drug dealer, breaking the very laws that he was sworn to uphold.”
The court says the rights of the men to fair trials were infringed.
“There is no doubt that in this case the infringement of the appellants’ right to make full answer and defence is irreparable,” the court says.
“Consider this. We have a police officer selling drugs while lying under oath to justify warrants to search the appellants’ premises. For this reason alone, nothing short of a stay can serve to protect the integrity of our criminal justice system.”
The Crown supported the appeals against the convictions. In every case, the men had pleaded guilty to the charges against them.
They asked the appeal court to quash the charges and stay any further proceedings against them.
The appeal court says in all the cases, the men finished serving their sentences years ago.
Ryan was an officer at the RCMP detachment in Tantallon, just outside of Halifax.
He was a highly respected constable who was in line to join then prime minister Jean Chretien’s security team in Ottawa when he was charged in 2002.
Ryan was sentenced to four years in prison after he was convicted in June 2004 of marijuana trafficking and breach of trust.
Statements presented during Ryan’s trial indicated he had been supplying one of his own informants with marijuana and hashish.
Court heard that the Mounties started investigating Ryan in December 2001 after two Halifax Regional Police officers arrested another man on several outstanding warrants.
The man identified Ryan as a policeman who was selling him drugs.
He agreed to wear a wire when meeting Ryan, in return for money. Police began investigating the allegations and determined the man was an RCMP informant and that Ryan was his handler.
The man told officers he’d received numerous quantities of drugs from Ryan, for which he’d give him cash.
Proof the system works. He was found out and reparations made. He will now be no doubt charged with the crimes he committed.
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The Police & RCMP lie, steal, cheat, & then act like it’s legal to do so. Did they not learn from Guy Paul Morin or Maher Arar? The RCMP illegally with-hold papers to shield themselves from gross incompetence, negligence, breach of trust, & criminal behaviour every day with no recourse against them. They should suffer like they did to so many without reason or due process. Imagine being accused of killing your own child that feel down a flight of stair by the Dr. Smith in Toronto, and then being in jail for years for something that simply isn’t true or ever happened. Stephen Harper did you not learn anything from the disgraced RCMP Commissioner Giuliano Zaccardelli yet? Shame on you!
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