'Disgraced' police officer's role dooms charges in $30M drug bust

UPDATE — Feb. 14, 2024: Victoria police chief apologizes for force's 'contributions' to collapse of $30M drug prosecution

After seizing more than $30 million worth of drugs, cash and weapons three years ago, Victoria police congratulated themselves on the arrests of three men they called members of an organized fentanyl trafficking ring — one of them a paroled murderer.

Today the case lies in tatters. Charges against all three were quietly stayed following the revelation that the initial probe included an officer who was himself under criminal investigation.

The fate of Project Juliet is detailed in court documents claiming investigators tried to hide the fact "disgraced former Victoria police officer" Rob Ferris was involved in the investigation by claiming it began in June 2020 when it actually started more than a month earlier.

"Not only did police not mention the first investigation, they obscured it," Justice Catherine Murray wrote.

"Through their actions investigators misled the Crown, defence and the justices that issued authorizations and warrants into believing that the investigation commenced in June 2020."

'Business as usual'

Murray's decision was handed down in October, but only published this week. 

It came in response to a successful application by one of the three accused — Brent William Van Buskirk — to access information about Ferris's role in Project Juliet.

The decision says charges were stayed in February 2023 against Van Buskirk's two co-accused — Byran Balla and Vu Bao Nguyen — a month after "Crown counsel disclosed the existence of the first investigation to the defence."

CBC News has learned prosecutors stayed charges last month against Van Buskirk, who was on parole for the 2004 murder of a Saanich man at the time of his arrest in Project Juliet.

According to Murray's ruling, Victoria police became aware in 2019 of allegations Ferris had engaged in breach of trust and obstruction of justice. The RCMP's anti-corruption unit was brought in to investigate.

The first investigation into Nguyen and Balla ran between May 6 and June 18, 2020. Murray wrote the head of the team was aware from the start that Ferris was under criminal investigation.

"Despite that, Mr. Ferris was permitted to participate in the investigation on a 'business as usual' fashion so as to not alert him to the fact that he was under investigation," the judge wrote.

Ferris attended three briefings, did surveillance and co-handled an informant.

Then on June 18, 2020, Ferris was arrested for obstruction of justice and breach of trust.

'The top of the fentanyl trafficking pyramid'

Days later, Murray wrote, Victoria police decided to recommence the drug investigation — which now became known as Project Juliet: "All the same officers [save Mr. Ferris] were involved."

"Investigators appreciated that the arrest of Mr. Ferris and the allegations against him were serious, and that it was unlikely that any prosecution that relied on Mr. Ferris's evidence would be able to proceed," Murray wrote.

"In an effort to distance the investigation from Mr. Ferris, the investigators decided that they would not use any information learned from the first investigation and would re-learn anything that they had learned before."

As the investigation progressed, Nguyen was allegedly observed in Vancouver meeting Van Buskirk — a paroled murderer described by a judge at his sentencing as a would-be "professional hitman."

Police believed he was now acting as Nguyen's fentanyl dealer.

Project Juliet went into overdrive — turning into a joint operation between Victoria police and the Combined Forces Special Enforcement Unit of British Columbia, which investigates gang-related crime in the province. 

The probe culminated in the three arrests as well as the headline-grabbing seizure of 20 firearms, epic quantities of fentanyl, meth, cocaine and ecstasy, nearly $400,000 in cash, and three luxury vehicles.

"When we talk about the scope of this project, this is the top of the fentanyl trafficking pyramid in British Columbia," Victoria police Chief Del Manak said in a news release at the time.

"The tremendous outcome of this joint project is just one step in the targeted enforcement of drug traffickers harming our communities."

'Investigators misled the Crown'

Murray says the 347-page report to Crown Counsel outlining the history of Project Juliet made no reference to any investigative steps prior to June 2020, "nor does it mention Mr. Ferris's misconduct."

An eagle-eyed defence lawyer spotted a reference to a report date in one document of April 20, 2020.

Murray notes that the lead investigator assured Crown the April date was an "admin oversight" and that "June 23, 2020 was the start date."

But by January 2023, Crown had learned about the existence of the first investigation — as well as the fact that officers had obtained previous search warrants in the case, despite swearing otherwise in later court proceedings.

"Although the Crown claims that Mr. Ferris played an insignificant role in the first investigation, the Crown's actions in staying the serious charges against Nguyen and Balla belie that. As do VicPD's efforts in concealing the first investigation," Murray concluded.

"In Project Juliet investigators misled the Crown, defence and issuing justices by concealing the existence of the first investigation."

When Murray wrote her decision in October 2023, the judge said the Victoria police constable who served as Project Juliet's lead investigator was being investigated by Delta police for discreditable conduct and neglect of duty at the request of the Office of the Police Complaint Commissioner (OPCC).

The OPCC said Tuesday that it was unable to give any details on the status of the disciplinary proceeding.

'We're disappointed to learn of this'

According to a ruling in a separate case, Ferris has since resigned from the Victoria Police Department.

Murray's ruling says he "was believed to be involved in 19 instances of misconduct including associating with suspects of police investigations in southern Vancouver Island, divulging details of police investigations to family members, improperly accessing police databases, lying to investigators and divulging sensitive information to civilians."

He has not been charged criminally.

Victoria police did not respond to a request for comment Tuesday.

Sgt. Brenda Winpenny, who speaks for the Combined Forces Special Enforcement Unit of B.C., said she only recently learned of the stayed charges and the allegations against Victoria police officers.

"I guess it's an understatement to say we're disappointed to learn of this," Winpenny told CBC News.

"The outcome of this and the charges being stayed were very disappointing for our team."