Judge reserves his decision on drug evidence admissibility
Lawyers presented their closing arguments Wednesday in the hearing of a former guard accused of attempting to smuggle drugs into the Whitehorse jail.
Lawyers presented their closing arguments Wednesday in the hearing of a former guard accused of attempting to smuggle drugs into the Whitehorse jail.
Michael Gaber, 46, is charged with possessing marijuana and the stimulant methylphenidate for the purpose of trafficking.
He was arrested on Dec. 26, 2013, after he showed up for a shift at the Whitehorse Correctional Centre.
That day, jail managers found 59 condom-wrapped Ritalin pills in his pocket and 120 grams of marijuana in his car.
Gaber has pleaded not guilty to the charges and has not yet stood trial.
His lawyer, David Tarnow, is arguing that the drug evidence should be inadmissible at Gaber’s trial.
In his closing arguments Wednesday, and throughout the hearing last week, Tarnow said jail managers unlawfully detained Gaber and did not advise him he had the right to a lawyer, as required under the Canadian Charter of Rights and Freedoms.
Both the jail’s superintendent, Jayme Curtis, and Geoffrey Wooding, the deputy supervisor of operations, testified that they never detained Gaber and so never were obligated to read him his rights.
Curtis said Gaber was an employee there on paid time, and he and Wooding were simply investigating to see whether a tip that Gaber and another guard were bringing in contraband was true.
They said they never told Gaber he couldn’t leave.
In his closing arguments, Tarnow pointed to Curtis’ testimony that he had little training in the Charter and had never before searched a guard accused of bringing in contraband.
Tarnow said the managers were ignorant, adding that he thought they believed the jail was a Charter-free zone.
They thought they could search and detain Gaber without reading him his rights, the defence lawyer said.
Crown prosecutor Ludovic Gouaillier disagreed.
He said the managers were conducting a workplace investigation and proceeded in what they thought was the most appropriate way.
It involved “minimal intrusion,” Gouaillier said.
“They don’t put (Gaber) in a cell,” he said. “They take him to a quiet boardroom. They ask him questions. They don’t strip-search him. They don’t put him against the wall.”
Gouaillier said the managers’ actions don’t change the fact that the drugs were there.
Justice Ron Veale reserved his decision. If the evidence is ruled inadmissible, it’s likely the trial would not take place, the Crown has indicated.
Gouaillier said he would not be using at trial the oral and written statements Gaber gave to jail staff before RCMP arrived.
Comments (4)
Up 24 Down 1
Mike on Jun 13, 2015 at 11:35 am
He showed up for a taxpayer job to keep prisoners coworkers safe from harm. He brought pills wrapped in a condom.
What about all the parents who hoped their kids would straighten up in jail? Did he laugh when there were drug sweeps because they'd pay him again?
Did he bring weapons in? How much would be charge for that?
Taxpaid job as a peace officer, making taxfree $$$ in jail. Now he's ducked into the slimey weeds yapping about rights.
What about his Legal Responsibilities?
Up 36 Down 6
Anonymous on Jun 11, 2015 at 6:46 pm
I'm not sure how defense lawyers sleep at night, trying to get obvious criminals off on a technicality. And that's all the defense has in this case.
Up 72 Down 9
john gould on Jun 11, 2015 at 3:26 pm
Who are we kidding this guy was an employee of the jail, a peace officer and a trusted member of our community who was caught red handed selling drugs to inmates. People locked up in the very place this guy worked for doing behavior just like his own never mind the fact that he endangered everyone of his co workers lives by doing so and we have to see if the evidence gathered by this guys superiors is admissible. As a peace officer he is treated with the utmost respect and given unconditional trust by we as a society. And when caught violating that trust should be held accountable to the fullest extent of the law. No sad nice family stories, no sympathy, no understanding and no exceptions. Well done WCC for catching this crook and shame on the courts for even considering this line of defense.
Up 7 Down 2
RossG on Jun 11, 2015 at 3:22 pm
From his pretrial statement Mr. Curtis said he would have asked Gaber to stay if he tried to leave. And the other guy Demchuk said 'probably not' if he would have to leave so why do you just pick and choose certain statements?