November 6, 1998
Wiretap challenge delays start of Caza trial
A lawyer representing Iqaluit businessman Claude Caza made surprise defense motion on the admissibility of police wiretap evidence.
DWANE WILKIN
Nunatsiaq News
IQALUIT - The trial of Iqaluit businessman Claude Caza and three other accused drug dealers has been put off until next January in light of a defense counsel motion to have police wiretap evidence declared inadmissible.
The trial was scheduled to begin Monday and expected to last no more than ten days, but was postponed on Tuesday because of the length of time the court felt it would take to debate the legality of the wiretap recordings.
Lead defense counsel Pierre Morneau would not comment on whether he supported the motion, filed last week on Caza's behalf by local lawyer Ewan Mackay.
"I have to respect what another lawyer is doing, but let's just say I did not put the motion in front of the court," Morneau said.
"It was not a motion that I anticipated to debate."
Justice Yves Lagacé has agreed to suspend proceedings until January 19, at which time the court will decide what the next step will be.
If there's a trial, it will likely not get underway until March or April - the next time that French court is scheduled to be held in Iqaluit.
In the meantime, Crown prosecutors and counsel for the defense are expected to continue ongoing negotiations related to the restraining order placed on Caza's business properties under federal proceeds-of-crime legislation.
Caza and four alleged co-conspirators, Jean-Pierre Levesque, Roger Marquis, François Goupil and Clara Rumboldt, made brief appearances at the Iqaluit courthouse twice this week.
On Monday, Justice Lagacé agreed to stay charges against Jean-Pierre Levesque at the request of the Crown.
"Arrivaderci," Levesque quipped as he exited the courtroom, looking relieved.
Lawyers for Caza, Goupil, Rumboldt and Marquis advised the court that their clients intend to plead not guilty to charges of conspiring to traffic in narcotics.
On Tuesday, Justice Lagaçé set bail for Goupil at $40,000 and attached the further condition that he report regularly to authorities in his home city of Sherbrooke, Que. between now and his next court appearance.
A substantial portion of the Crown's case against Caza and the other co-accused is based on the extensive wiretap recordings compiled by the RCMP.
Investigators monitored more than 65,000 telephone conversations during their wiretap operation, including countless hours of take-out food orders to Caza's The Snack Restaurant.