By Jeff MitchellOshawa This Week
Fri., July 6, 2018
It makes no sense that Durham drug officers, including veteran detective Cyril Gillis, would put their professional and personal lives on the line by committing a crime to advance an investigation, Superior Court Justice Michelle Fuerst said in a ruling released July 3.
The judge’s findings were hailed by Gillis, a 20-year member of the Durham police who is now an inspector.
“I feel vindicated,” he said. “The accused made a snake oil pitch to the court. He attempted to besmirch my character and my reputation.”
New trial granted following judge’s refusal to allow in-court voice recording
Dunstan, an associate of suspects being investigated by Durham police during an operation dubbed Project Gladiator, was arrested after York police responded to an anonymous caller reporting a break-in in the early morning hours of Sept. 20, 2011. The police found evidence of drug activity and obtained a warrant, seizing drugs, including 43 pounds of marijuana and almost five kilos of cocaine.
When the new trial ordered by the Court of Appeal began in Newmarket this year, Fuerst heard Dunstan’s application to exclude the drug evidence on the basis of a breach of his Charter rights.
Some of that witness’s conclusions, which did not support the theory that Gillis was the anonymous caller, were not disclosed to the Crown, Fuerst noted.
The judge noted that Dunstan, a peripheral character in Project Gladiator, was not critical to the success of the investigation. Although the project had suffered setbacks, such as when one key player discovered a tracking device planted by police, “the Gladiator project was not in trouble,” Fuerst assured.
The project concluded in November of 2011 with more than 30 arrests, the ruling notes.
The judge also found it unlikely that Gillis and the other officers would place themselves in legal and professional jeopardy by employing “maverick” techniques as alleged by Dunstan.
“I do not accept … that Gillis would put his career and potentially his liberty at risk by committing the serious offences of break and enter, obstruct police and obstruct justice for the sake of trying to advance a single drug operation,” Fuerst wrote.
A more likely scenario is that Dunstan was targeted by other players in the drug trade, said Fuerst.
The matter returns to court in Newmarket on July 20.
Another delusional judge who thinks its impossible for cops to fabricate evidence.
Justice Michelle Fuerst has a long record of believing these sorts of stories as do most other judges which encourage rotten cops like Det. Peter Van Der Zander of the Ottawa Police to fabricate evidence and get away with it, when even the judges KNOW he is a "rotten cop".
Ottawa Mens Centre.com