Lawyer: mistakes compromised evidence
Angel Martel of Hay River charged with possession of cocaine for purpose of trafficking
John McFadden
Northern News Services
Monday, March 9, 2015
SOMBA K'E/YELLOWKNIFE
Allegations of sloppy note-taking and discrepancies in evidence set the tone of the trial of a Hay River woman in NWT territorial court late last month.
Angel Martel, 22, was charged with possession of cocaine for the purpose of trafficking following a drug raid at 2461 Woodland Drive in the community last April.
Her trial in front of Justice Garth Malakoe wrapped up Feb. 25.
During cross examination defence lawyer Peter Harte criticized evidence the crown prosecutor brought before the court, calling out discrepancies in the amount and type of cocaine police say they found in Martel’s possession.
He argued when RCMP Cpl. Eric Irani, the sole witness on the final day of the trial, was shown five separately packaged baggies of cocaine, he testified it appeared to him to be powdered cocaine.
This was in contrast to previous testimony from investigating officers who said Martel was in possession of crack cocaine.
Irani is a veteran officer currently working in Edmonton.
He testified he worked in Hay River and Yellowknife from 2001 to 2006 and he has been a full-time drug investigator, including undercover work, for the past 12 years.
Irani was not in Hay River when Martel was arrested but did file a report on her case.
Harte went on to point out Hay River RCMP initially said they had seized ten bags of cocaine in total, yet only eight bags were introduced as evidence.
He never accused police of losing two baggies of cocaine, but suggested if Irani knew enough about the case to file a report, then he should have noticed there was a discrepancy among officers over the amount of cocaine seized.
Harte also said much of the RCMP report was cut-and-pasted from other reports without attribution or footnotes. Therefore, he said, some of what was contained in the report was not Irani’s expert opinion and not relevant to the Martel case. He also said some of its contents contradicted testimony that Irani had given in previous drug trials.
Harte said he believed that the two baggies that were unaccounted for were likely due to sloppy note taking by officers at the scene. But he suggested that if Irani is an expert on the drug trade, then he should have noticed that two baggies were unaccounted for.
Malakoe agreed that sloppy note taking could be to blame for the amount discrepancy and added that he considered that a "serious police error" and a "huge mistake."
In her closing argument crown prosecutor Kindra Lakusta suggested despite Harte’s problems with Irani’s testimony, there was still ample evidence to convict Martel of trafficking.
Under questioning by Lakusta, Irani had testified it was his opinion that the drugs found in Martel’s purse were for sale, not for her personal use.
He cited the facts that the cocaine was wrapped in five individual baggies and that $900 worth of 20-dollar bills were also found in Martel’s purse.
He also noted that among the items seized at the residence that day were a concealment container, essentially a pop can with a hollowed out bottom, often used for storing illegal drugs, a digital scale, a police scanner, multiple cell phones and weapons.
"The evidence shows 1.7 grams of cocaine in five separate packages found in a purse belonging to the accused found within five-to-seven feet of her, as well as $900 in the same purse," said Lakusta.
Harte countered with what he described as Irani "ducking and dodging" his questions.
"In his 20 years as an RCMP officer he testified that he is often the person keeping track of exhibits," he said.
"Yet in this case he failed to notice that two of the exhibits–two baggies of cocaine– weren’t there."
He suggested the credibility of Irani’s evidence should be taken into question and went on to argue police didn’t not look hard enough for a pipe at the scene, something he said, if found, would’ve shown the cocaine seized was for personal use.
Two other people who were arrested in the same raid have already been found guilty and sentenced. Angel Martel’s mother Rachel Martel was sentenced for trafficking a controlled substance by Malakoe last December. She received 12 months less time served in pre-trial custody.
Travis Guild was also convicted of possession of a controlled substance, unsafe storage of a firearm and obstructing police.
He received a day in jail and a $1,500 fine. Malakoe is scheduled to deliver a verdict March 10.
