Kerry McCluskey
Northern News Services

IQALUIT (Jan 25/99) - One of Iqaluit's alleged drug dealers made an appearance in territorial court last Tuesday.

Represented by legal counsel Euan Mackay, Claude Caza appeared before Judge Beverly Browne to discuss the date of his impending trial. Set tentatively for March 8, Caza was asked by Browne to reappear in her court on Feb. 11 pending a decision on an application that was filed by Mackay on Caza's behalf last November.

Mackay explained that Caza felt the RCMP had infringed upon his constitutional rights when they tapped his phones and fax machine during the two-year investigation prior to last year's drug bust that resulted in 29 people being arrested on drug-related charges. Caza was brought in during that massive RCMP operation and has been in custody ever since, awaiting trial for two drug and five arson-related charges.

Called the Garifoli Challenge, Mackay's application was filed with Quebec Judge Yves Lagace in Iqaluit's territorial court on Nov. 2, 1998 -- the day that Caza's trial was supposed to proceed.

"In my view, the Garifoli Application is an application with great merit. I look forward to arguing this on Mr. Caza's behalf if he should wish me to do so," said Mackay, who withdrew as co-counsel for the accused last week, citing professional commitments as the reason.

Montreal lawyer Pierre Morneau will continue to represent Caza and the application remains under review by Judge Lagace. It is expected that he will rule on whether or not to quash the affidavit that resulted in the Supreme Court authorization to wire-tap Caza's communications sometime before Caza's trial.

"The RCMP rushed a judgement to satisfy public outrage in regards to the serious drug problem in Iqaluit and in doing so, they trampled upon his constitutional rights with reckless disregard," said Mackay.

"They should be held fully accountable."

Judge Browne ordered Caza to remain in custody until his next appearance, but when he comes before the courts again next month, two of his co-accused will also appear.

Clara Rumboldt, charged with conspiracy to traffic in hashish, will appear before Judge Browne to maintain that her trial date of March 8 will go forward. Defence counsel for Francois Goupil, also charged with conspiracy to traffic in hashish, has filed a severance application with the territorial court. That application will be spoken to during his Feb. 11 appearance.

Roger Marquis, also one of Caza's co-accused, was convicted and sentenced during last Tuesday's court session.

While he had previously said he was not guilty of a total of four charges, Marquis withdrew his prior pleas and said he was guilty of a 1997 charge of possession of three ounces of hashish for the purpose of trafficking.

Crown counsel Roxanne Stanners stayed the remaining three charges and Marquis, who had previously served 149 days in remand, was released. Judge Browne explained that the time he had served in remand was equivalent to 10 months in prison and she sentenced him to one day in jail, which was served by his attendance in court.

"The time served addresses the issues that needed to be addressed," said Judge Browne.