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Friday, May 12, 2017

Halton Regional Police Force evidence vault: Ontario: Toronto Star exposé; (Reporters Jesse McLean and Rachel Mendleson); Drug exhibits tampered with; Outside force called in to investigate; Dozens of drug cases may have been compromised..."The Halton Regional Police Service audited the secured storage bunker in November and discovered 36 drug exhibits where the packaging or contents may have been tampered with, according to a summary of the internal audit obtained by the Star. Halton police Chief Stephen Tanner said he considers this “a very serious situation” but would not comment on specifics — including the names and ranks of any Halton officers who may be under investigation — until the external probe is wrapped up."..." Presiding in January over a drug case in Milton that ultimately was found not to be affected, Judge Stephen Brown said the uncertainty “potentially taints every investigation.” “This is about the faith in the administration of justice in the system,” Brown said, according to a transcript of the proceeding. “Is there a compromise (in an) essential feature of the evidentiary backbone of drug trials?” Halton lawyer Brendan Neil, who represented the defendant in that case (a man charged with possession for the purpose of trafficking cocaine and fentanyl), has been petitioning for months for more information, since he received a letter from federal prosecutors late last year flagging the potential problems at the drug vault. “Because of the lack of disclosure, we don’t know if exhibits have been mixed, if things have been taken out of exhibits. We don’t know how much has been taken out. We don’t how many people are involved,” he said in an interview. “There’s a huge transparency issue. I want to know, good, bad or ugly, how deep this problem is,” Neil said.


STORY: "Halton drug cases in limbo after evidence in police vault ‘may have been compromised,’" by reporters Jesse McLean and Rachel Mendleson, published by The Toronto Star on May 12, 2017.

SUB-HEADING: "An outside force has been called in to investigate after an internal police audit found dozens of drug exhibits in a secured storage bunker may have been tampered with, according to documents obtained by the Star."

PHOTO CAPTION:  "Halton police Chief Stephen Tanner said some criminal court proceedings have already been stayed pending the outcome of a probe into possible tampering of evidence in a police storage bunker. "

GIST:  "Halton drug prosecution cases are in jeopardy after an internal police audit found dozens of exhibits stored in an evidence vault “may have been compromised,” the Star has learned. An external police force is now investigating. The Halton Regional Police Service audited the secured storage bunker in November and discovered 36 drug exhibits where the packaging or contents may have been tampered with, according to a summary of the internal audit obtained by the Star. Halton police Chief Stephen Tanner said he considers this “a very serious situation” but would not comment on specifics — including the names and ranks of any Halton officers who may be under investigation — until the external probe is wrapped up. “I expect their investigation is nearing completion and that may lead to charges being laid in the next couple of weeks,” Tanner said. He would not identify the external force conducting the investigation. The chief said some criminal court proceedings have already been stayed pending the outcome of the investigation, adding that a number of Halton’s drug cases may now be compromised. “That is certainly a ramification that I expect will occur down the road and will be a part of how seriously we view this,” he said. “Once we know what exhibits were tampered with or not tampered with and what the investigation showed, then the prosecution office can certainly address that.”........Crown lawyers prosecuting drug charges in the region have sent out boilerplate letters to defence lawyers explaining that the issue is being investigated. But without specific details, the courts have been wary of proceeding with drug cases that rely on evidence stored in the same drug vault. Presiding in January over a drug case in Milton that ultimately was found not to be affected, Judge Stephen Brown said the uncertainty “potentially taints every investigation.” “This is about the faith in the administration of justice in the system,” Brown said, according to a transcript of the proceeding. “Is there a compromise (in an) essential feature of the evidentiary backbone of drug trials?” Halton lawyer Brendan Neil, who represented the defendant in that case (a man charged with possession for the purpose of trafficking cocaine and fentanyl), has been petitioning for months for more information, since he received a letter from federal prosecutors late last year flagging the potential problems at the drug vault. “Because of the lack of disclosure, we don’t know if exhibits have been mixed, if things have been taken out of exhibits. We don’t know how much has been taken out. We don’t how many people are involved,” he said in an interview. “There’s a huge transparency issue. I want to know, good, bad or ugly, how deep this problem is,” Neil said. Concerns about the drug vault surfaced in mid-November, when senior police were alerted that something was amiss. Halton police conducted an audit of its drug vault, shutting it down for 10 days so only the force’s audit co-ordinator and an assistant could access the 2,185 drug exhibits on site. “The physical examination of exhibits identified 36 drug exhibits where the integrity of exhibit packaging or the drugs contained within the packaging indicated that the chain of custody and continuity of the exhibit may have been compromised,” the force’s audit co-ordinator said in a summary obtained by the Star. There was no problem with the vast majority of drug exhibits, the audit co-ordinator said.  In the Milton case, Justice Brown also raised concern about a possibly lengthy drug vault investigation, saying there is an increased risk that affected cases may be subject to the Supreme Court’s ruling in R v. Jordan, which set specific time limits on how long trials can take. Released last year, R v. Jordan stipulates that a case will be thrown out if the time between arrest and the conclusion of the trial exceeds 18 months in provincial court and 30 months in Superior Court. Neil said the Milton case was resolved in March, after the Crown provided assurances that the drug evidence was not among the exhibits pinpointed for further scrutiny. Before questions about the drug vault emerged, his client, Jaccob Bodanis-Rhule, 23, was facing charges of possession of fentanyl and cocaine for the purpose of trafficking. But after several months of delay and numerous appearances before Brown, the Crown accepted a guilty plea to simple possession, a lesser charge. “I don’t think it would have been a joint position in court if it had not been for the drug vault issue,” Neil said."

The entire story can be found at:

 https://www.thestar.com/news/gta/2017/05/12/halton-drug-cases-in-limbo-after-evidence-in-police-vault-may-have-been-compromised.html

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog;
Posted by Harold Levy at Friday, May 12, 2017
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About Me

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Harold Levy
Two Blogs Now: The Charles Smith Blog; The Selfless Warriors Blog: I created the Charles Smith Blog in 2007 after I retired from The Toronto Star to permit me to keep digging into the story of the flawed pathologist and the harm he had done to so many innocent parents and caregivers, and to Ontario’s criminal justice system. Since then it has taken new directions, including examinations of other flawed pathologists, flawed pathology, and flawed science and technology which has marred the quality of justice in courtrooms around the world. On International Wrongful Conviction Day in 2024, I was thrilled to have the Blog recognized by Innocence Canada, when I was presented with the, "Rubin Hurricane Carter Champion of Justice Award." The heart of the Blog is my approach to following cases which raise issues in all of these areas - especially those involving the death penalty. I have dedicated 'The Selfless Warrior Blog’ (soon to appear) to those exceptional individuals who have been ripped out of their ordinary lives by their inability to stand by in the face of a glaring miscarriage of justice. They are my ’Selfless Warriors.’ Enjoy!
View my complete profile
 

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