(Quebec) An informer of the Sûreté du Québec, pocket with a lucrative contract of $ 700,000, sold drugs without the knowledge of its controllers. Made aware, the police never investigated these offenses, a police conduct “puzzling” remarks the Superior Court.
The mixed-Motorcyclists regional squad of Quebec struck a blow November 16, 2011 with his vulture project, which led behind bars 25 alleged drug traffickers linked to the Hells Angels. Active mainly on the South Shore of Quebec, the network flowed several kilos of cocaine and thousands of methamphetamine tablets weekly.
The arrests were made possible thanks to the work of Gaétan (pseudonym), a civilian undercover agent (ACI) who played police sources for quite a long time.
Three of the 25 accused in Vulture, Simon Harvey, Oscar Lessard and Christian Lessard, decided on the eve of their trial last September, to plead guilty to trafficking charges.
But before completing this step, they try all for the while presenting a motion for stay of proceedings to François Huot judge of the Superior Court.
The judge has given reason to the three co-accused and assesses that there has been a violation of their right to a full defense; the police did not take notes in their negotiations with the informer, thus depriving the defense of information.
A debate will be held in the Superior Court on January 25 to find out which remedy must come correct this violation of the rights to disclosure. The defense claims that the charges be dropped altogether.
Trafficker one day …
In the decision of Judge Huot, you learn a lot about the conduct of the undercover plainclothes officer while he was under contract with the Quebec government.
Gaétan, a drug dealer with a long career behind him, started to provide information to the police in the late 90. In February 2010, it acts as civilian undercover agent, writes down all his actions and accepts wear a recording system when it meets the targeted criminals. The police indicate that he no longer has the right to commit illegal actions.
After some negotiation meetings, a formal agreement was signed in July 2010 (see table). This will not prevent the informer to sell cocaine and speeds between August and October 2010 to customers who were not covered by the survey, without the knowledge of the police.
Gaétan will confess his crimes during the preliminary investigation Vulture project in June 2012. According to what he told the court, the police scolded their informer.
No police investigation has been initiated, however, after the declaration of the informer.
According to the Crown, it was unrealistic to expect corroborating the words of Gaétan and get a conviction.
Police conduct puzzling, says the Justice François Huot. “Spirits sorrows could even detect such an attitude in some form of willful blindness, laxity or desire to preserve at all costs the credibility of a witness on whose shoulders rests a substantial part of the Crown’s case, writes magistrate. The state can not afford to close our eyes to the criminal acts committed by police officers. He can do more with regard to his civil agents. ”
This lack of investigation and charges against the informer does not change anything for the three co-accused Vulture, also believes the judge Huot. Harvey Lessard and Roberge were aware of crimes committed when they decided to plead guilty.