In its information to obtain a search warrant for 16 Sitka Cres., the RCMP provided 'misleading' information and omitted details that were known as part of their investigation, lawyer Mitch Foster argued in territorial court Tuesday.

Foster is defending Kiu Tin Yeung, Guang Xian Zhu, Jiang Xiong Zhou and Min Shan Jiang who, along with three others, are each facing six counts of producing marijuana, possession of marijuana for trafficking and stealing electricity. All the charges date back to 2005 over a Copper Ridge grow operation.

The trial began last October, opening with a voir dire, or a trial within a trial, to determine what evidence can be used. Defence lawyers have been arguing there were Canadian Charter of Rights and Freedoms breaches in search warrants and arrests made in the case.

This week, Judge Karen Ruddy has been listening to lawyers' submissions on the voir dire. The major part of the trial is scheduled for May.

Yesterday, Foster presented his arguments on the information to obtain a search warrant for 16 Sitka Cres.

'Cpl. (Tom) Wyers' lack of detail was shocking to me,' he said of Wyers' October 2006 testimony over the information he provided to get the search warrant.

Throughout the case, Foster noted, Wyers said he made assumptions that weren't based on anything except trying to get into the grow operations. The officer also told the court during the October hearing on several items around the warrant that if he had to do things over again, he would do them differently.

As an example, Foster pointed out that on one day, Wyers didn't keep notes himself, but got them from other officers and entered them into his computer. The problem with that, Foster said, is that what ends up in the information to obtain a warrant is not completely accurate.

The end product of what was on the computer is the only thing that can then be scrutinized. There aren't any drafts to compare it to because Wyers didn't keep his own notes, court was told.

He also didn't ask officers investigating if they noticed any smell of marijuana coming from the house or if there was condensation on the windows, which is often noticeable in a grow operation.

In the information to obtain a warrant, Wyers didn't note that there had been a second satellite dish installed where there used to be one even though another officer had noted that in a drive-by observation she did of the house, it was pointed out by Foster in a long list of other examples he brought forward for Ruddy.

Foster also took issue with two informants Wyers had described as reliable in bringing forward information to the RCMP.

While it was stated one of them provided the RCMP with information on an 'ongoing basis', this was the only occasion they had done so.

'It is extremely misleading,' Foster said.

The lawyer also took issue with a equipment used to detect heat around the house. Wyers failed to mention that Const. Natasha Dunmall, who used the equipment, had no training in how to operate it.

The police report showed that certain parts of the house turned out white on the machine, which generally indicates that area is hot. That could mean a number of things, Foster noted.

While the warrant sought on 16 Sitka was for production of marijuana, Foster pointed out that police asked Yukon Electrical Co. Ltd. to look at the property's hydro use as well. Had the RCMP not made the request, Yukon Energy likely wouldn't have had noticed the use from the house, court was told.

The warrant sought though was for drug production, Foster said.

'I don't think there's any reliable evidence here,' he said.

Like Ken Westlake, who's representing Wen, Foster also took issue with the treatment those arrested received from police.

There's no evidence that the interpreter used to translate for them was qualified as an interpreter and they were not given an opportunity to choose who they called for legal assistance. Instead, police had a legal aid lawyer come in to assist.

'It's a complete lack of any 10 a or 10 b rights,' he said.

At one point, one of the men, who appeared to Wyers to have some understanding of English, was told to advise another of the accused of his rights. 'He's got the blind leading the blind,' Foster said.

Also, he said police had no authority to take fingerprints or photographs of those arrested before they were charged.

While one of the men may have been charged, others were not, Foster argued.

The submissions were set to wrap up later today.