Friday, January 7, 2011

A provincial court judge has rebuked Calgary police in her finding that a man was not guilty of driving while disqualified. : Daniel 'uncomfortable' about officer's credibility, rules search unlawful

A provincial court judge has rebuked Calgary police in her finding that a man was not guilty of driving while disqualified.



Judge Cheryl Daniel ruled that officers harassed the accused during an investigation, then gave testimony at trial that wasn't credible.



Daniel found Fuk Kiun Chin not guilty of driving while under suspension.



His trial heard how Chin had a testy relationship with a police sergeant who was checking up on Chin's son over a curfew.



The officer testified that he knew Chin was not supposed to be driving so he staked out the man's car, pulled him over and charged him.



Chin testified he wasn't in his car when he was stopped by the officer, but was walking to a bus stop to go to work.



Daniel said Chin's testimony had a "ring of truth" but she was "uncomfortable" about the credibility of the officer.



She also found a search of Chin's car, which turned up nothing illegal, was unlawful.







Read more: http://www.cbc.ca/canada/calgary/story/2011/01/06/calgary-police-judge-rebuke-.html#ixzz1AK9zaDFk