A judge has dismissed drug charges against a driver after finding a police officer “concocted facts” in testimony that pitted his word against his partner’s.
“This was egregious and willful conduct,” Ontario Superior Court Justice Nancy Backhouse said in her written ruling.
Const. Ido Sukman “concocted facts in an effort to support his conduct, which I believe he knew was in violation of the Charter,” Backhouse said.
His patrol partner on the night in question, Const. Qian Liang Yang, gave a markedly different version of what happened after they stopped a driver with his tail lights off.
The Crown urged the judge to reject Yang’s evidence as unreliable.
The judge disagreed. “I found him a credible witness.”
Backhouse excluded evidence of drugs found on Luke Chi Le, 29, and dismissed his charges of possession of heroin and cocaine, and possession of heroin for the purposes of trafficking.
At 9:25 p.m. on June 28, the two officers drove into a driveway on Graydon Hall Drive, where they saw a Miata with no tail lights on.
The officers checked the police database, CPIC, and found the car belonged to Le and that he was suspected by York Regional Police of drug activity.
Sukman searched Le and found $1,240 in cash, 2.02 grams of cocaine and 11.7 grams of heroin.
The judge excluded the drug evidence, owing to Sukman’s “deliberate breach” of Le’s Charter rights. “The police conduct brings the administration of justice into disrepute,” she said.