
Photo by Vince Fedoroff
ON TRIAL – Former correctional officer Michael Gaber is on trial in Yukon Supreme Court for allegedly smuggling controlled substances at the Whitehorse Correctional Centre.
Photo by Vince Fedoroff
ON TRIAL – Former correctional officer Michael Gaber is on trial in Yukon Supreme Court for allegedly smuggling controlled substances at the Whitehorse Correctional Centre.
During the first day of former correctional officer Michael Gaber’s trial Wednesday, Yukon Supreme Court heard a 1 1/2-hour tape of an RCMP member interrogating him.
During the first day of former correctional officer Michael Gaber’s trial Wednesday, Yukon Supreme Court heard a 1 1/2-hour tape of an RCMP member interrogating him.
Gaber, 47, was charged on Dec. 26, 2013 with two counts of possessing drugs for the purpose of trafficking.
That day, his superior searched him upon arrival at the Whitehorse Correctional Centre.
The search yielded 59 pills the police identified as Ritalin.
A subsequent search of his car led to the discovery of marijuana, which was excluded from the trial because the search was illegal.
At the very start of the interrogation, RCMP Const. Gerald Sherk makes it clear to Gaber that the interrogation is being filmed, and that he doesn’t have to speak to the police.
“It’s not about what happened,” Sherk tells him.
“It’s why it happened.”
The recording was shown in Yukon Supreme Court but the audio recording is of poor quality, making it hard to understand what Gaber said at times.
A transcript of the tape was provided to the court but wasn’t filed – meaning the media can’t access it.
Throughout the interrogation, Sherk insists the RCMP already have all the evidence they need, and he wants to understand why Gaber, who he describes as a family man, did such a thing.
“We’re talking about a guy trying to support his family – not a guy trying to get people hooked up on crack,” Sherk tells him.
Gaber talks about his family – his wife and two children – and the bills piling up.
“Things were getting tight,” he said.
Gaber is adamant about the fact he didn’t know what was in the packages he was smuggling inside the jail.
Later on, Sherk presses him about the possibility weapons were smuggled without his knowledge.
The packages were too small for a powered-weapon, and there were no “shanks” – jail slang for a makeshift knife – he told Sherk.
The packages mostly contained tobacco and pot.
Tobacco inside the jail was twice as expensive than outside.
There were other ways to smuggle contraband into the jail – through people visiting, or the kitchen – but he was a direct, more secure way for people who wanted to get stuff in, Gaber said.
Whoever paid Gaber to smuggle packages inside the jail remains a mystery – anytime Sherk would ask about it, the former jail guard would only say his lawyer told him not to say anything.
Sherk continues for the last third of the interrogation to press him for names, saying the same people will do it again, find more vulnerable jail personnel, and get them into trouble.
Around the end of the interrogation, Sherk asks Gaber what he plans to tell his family.
“I don’t know, be honest,” he said.
“I’ll hope she’ll (Gaber’s wife) be understanding.”
Gaber was present in the public gallery when the tape was shown, displaying little to no reaction.
Earlier that day, the court heard from Const. Daniel Bray, who, along with Const. Dan Rouleau, responded to the WCC’s call when Gaber was searched.
Once at RCMP headquarters, Rouleau brought Gaber to a cell while Bray took care of packaging the pills in evidence bags and putting them in a evidence locker.
Defence lawyer David Tarnow questioned Bray at length about his training in handling evidence and taking samples of suspected illicit substances.
Bray testified he sent 10 pills to the Health Canada lab for analysis.
“Did you use spray or a piece of paper to make sure the surface was free of contaminant?” Tarnow asked Bray.
“No – I think I used gloves, but I can’t recall specifically,” Bray answered.
Tarnow asked whether the constable sought directions from Health Canada on how to send the evidence.
“You never learnt it should be sent by registered mail?” the lawyer asked.
“I sent it by ExpressPost,” the constable replied.
Tarnow made him open a sealed envelope in court that was returned from the lab.
The envelope only contained nine pills, the lawyer noted.
The trial continued today with experts from the Crown and the defence about the pills seized and the subsequent analysis done.
Justice Ron Veale is hearing the case.
In order to encourage thoughtful and responsible discussion, website comments will not be visible until a moderator approves them. Please add comments judiciously and refrain from maligning any individual or institution. Read about our user comment and privacy policies.
Your name and email address are required before your comment is posted. Otherwise, your comment will not be posted.
Comments (5)
Up 24 Down 2
ProScience Greenie on Jan 29, 2016 at 12:36 pm
Unbelievable that in this day and age of modern technology, how easy it is to go down to the other side of the tracks and cheaply purchase all kinds of dangerous prescription pills. Easier to get than weed.
So where do these pills come from - a dysfunctional system in need of an overhaul or a corrupt system where many that work with pharmaceuticals are tied to gangs and organized crime? Or both? Badly in need of an overhaul either way.
Up 16 Down 4
Woodcutter on Jan 29, 2016 at 9:51 am
From what I have seen in the past, even if their was a confession, it can be challenged as to the validity. It would not be the first time that suspects and or witnesses recant their statements.
This is not china or North Korea where the court process is a sham. Every one has the right to examine and challenge the evidence and the process used to obtain said evidence. If that process was a violation of your rights, then that evidence would probably be excluded.
We just heard about a group of police in Toronto who are now facing charges of their own, for fabricating a reason for searching a known drug dealers car. Even tho they found drugs, the reason they stopped him was a violation of his rights. Therefore the evidence obtained was deemed to be "fruits of a poison tree' he was able to skip the charge. End result is a drug dealer free to peddle his death and four cops, who are suppose to protect us, are now themselves answering their own charges
Up 51 Down 2
Northern Knight on Jan 29, 2016 at 8:42 am
Why did he do it? The 'bills were piling up'? Lame excuse. He had a good job, with good pay, benefits and a great pension. And he threw it all away because he thought he could take the 'easy' way and he wouldn't get caught.
Very dumb.
Up 38 Down 2
No Comment on Jan 28, 2016 at 8:45 pm
Oh Tarnow can't just roll over once his client has confessed. He has to try his best to weasel his client out from the system using any means possible, even if that means (pathetically) trying to cast doubt on the handling of the pills. Hey, Tarnow, maybe only 9 pills were returned in that envelope because Health Canada used one up to test what the substance was.
Up 55 Down 11
June Jackson on Jan 28, 2016 at 3:20 pm
Gaber confessed. So why is Tarnow going on about the packaging? My fingerprints could be on that package and Gaber still confessed. He is having trouble making ends meet financially.. well, so is everyone else in Canada, (except the 3 people in the top 1%). It doesn't sound like he is using the 'poor me' defense. It reads like the lawyer wants to discredit all the evidence and make Gaber change his plea to innocent.
I thought once there was a confession it was the lawyers job to see that the sentence was fair. Yes? No?
Can someone more knowledgeable than I am explain it to me?