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Officers admitted fabricating evidence: Crown

By: Mike McIntyre

Tuesday, May. 29, 2012 at 8:29 AM

A veteran Manitoba Crown attorney says she was stunned to discover two Winnipeg police officers fabricated their evidence in order to build a stronger case against a suspected drug dealer.

Const. Graeme Beattie, 33, and Const. Paul Clark, 44, appeared in court Monday to begin their trial on a charge of obstruction of justice. The key witness against them is federal prosecutor Erin Magas, who said she was forced to drop charges of trafficking and proceeds of crime against a 20-year-old man based on information that surfaced from Beattie and Clark just as a preliminary hearing was set to begin in October 2008.

Magas told court Monday how she met with the two officers to go over their expected testimony on the morning of the case -- only to learn from them their story was much different than what they had put in their notes and official incident summary.

"I told them no accused is worth being criminally charged and worth losing their careers," Magas testified.

In their original story, the two officers claimed they were on general patrol when they spotted four men fighting in the backyard of a Redwood Avenue home. Beattie and Clark said they got out of their cruiser car to stop the melee, only to watch as the individuals scattered in several directions. They said one of them ran into the house and dropped a bag, which they picked up and determined was cocaine. They immediately followed him inside -- without a warrant -- and found him with more cocaine and some cash before arresting him.

"My conclusion was the case was fine; it was a hot-pursuit argument and I was prepared to run this case," Magas said Monday. "I thought the case was fine, their conduct was fine."

But Magas said the situation changed drastically when Beattie and Clark asked to speak privately with her on the morning of the hearing and asked whether she knew if a videotape of the incident existed. The officers were worried the accused's lawyer might have possession of one, given the home in question was equipped with a camera.

"They asked if there was a video on file. I said 'No, should there be?' They were observed looking at each other and I became concerned," said Magas. She asked the two officers whether such a video would show anything different than the story included in their notes.

That's when Beattie confessed the truth.

"They told me there was no fight. They knew (the residence) to be a crack house. They were driving down the back lane and saw four known drug dealers sitting in lawn chairs in the backyard," said Magas.

Beattie explained they got out of the vehicle to speak with the men, who then fled. One of them ran inside the home and dropped a bag -- but contrary to their original story they never picked it up to check the contents until after they had gone inside the home, spotted the accused with drugs and arrested him.

With no legal grounds to be inside the house -- given the fact there was no fight and no immediate threat to anyone -- Magas said she knew they had a problem with the case. Compounding the likely charter breach was the change in story from the officers, who were moments away from giving sworn testimony in court.

Magas said she advised the officers they could face charges such as perjury.

Magas then met with the defence lawyer and told him she was dropping the prosecution. She then spoke with senior members in her office, who advised her to write up the incident in a formal memo, which was then forwarded to the Winnipeg police chief.

www.mikeoncrime.com

Comments are not accepted on this story because they might prejudice a case before the courts.

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