Calgary gangster Nick Chan's weapons trial still viable despite 'troubling' testimony from police officer
Judge rejected evidence from police officer whose testimony was found to be 'confused and contradictory'
The weapons trial for a Calgary gangster who is also accused of murder is still viable after a judge ruled the prosecution's critical evidence is admissible, despite raising serious concerns about "troubling" testimony from one of the police officers.
Although Court of Queen's Bench Justice Scott Brooker rejected evidence given by Staff Sgt. Shane Plomondon, Calgary police union president Sgt. Les Kaminski — who faces an unrelated perjury charge stemming from his testimony at a 2011 trial — was vindicated in this case.
Nicholas Chan, whose unrelated murder trial is set for October, was pulled over by Kaminski and his partner in a traffic stop in 2010. A search of his vehicle led to the discovery of a .32-calibre and semi-automatic handgun under the driver's seat.
Defence lawyer Michael Bates argued the traffic stop and subsequent search were unlawful and a violation of Chan's constitutional rights. Bates also challenged Kaminski's credibility, but Brooker accepted the officer's evidence, finding he had acted in "good faith" during the traffic stop.
Chan, the suspected leader of the murderous FOB gang, was behind the wheel of a Toyota Tacoma truck in Chinatown on March 3, 2010 when uniformed officers spotted it and flagged Plamondon and his gang enforcement team. They were dispatched to provide covert surveillance.
A short time later, Plamondon ordered the traffic stop. He testified that it was because Chan had made an unsafe lane change. But all of the other officers who were called as witnesses testified they did not see Chan violate any traffic laws.
Plamondon's testimony was "at odds with the evidence" said Brooker who also called the officer's evidence "confused and contradictory" at times.
"Staff. Sgt. Plamondon, I do not find to be a credible witness," said Brooker.
Chan refused to identify himself
Chan was originally acquitted of the weapons charges in 2011 when the first judge ruled the search of the vehicle was unlawful. However, the Alberta Court of Appeal overturned that decision and ordered a new trial.
Again, Chan's lawyer argued the search was unconstitutional. But even though Brooker said he did not believe Plamondon that Chan had made an unsafe lane change, the judge did find that the search was lawful and the evidence of the guns would be admissible.
Brooker found the search was ultimately conducted because Chan refused to comply with police when asked to get out of the vehicle and identify himself. That prompted officers to look for identifying documents in the truck, which led to the discovery of the weapons.
The judge also said there were likely other grounds to justify the traffic stop and that police are empowered to conduct arbitrary vehicle stops.
Chan to testify in own defence
In January, Kaminski was charged with perjury and assault stemming from an unrelated case. The assault charge has since been withdrawn.
Once it was learned Kaminski was accused of lying under oath, Chan's lawyer requested documents from the Alberta Serious Incident Response Team (ASIRT) investigation so that he could properly cross-examine the Calgary officer.
Brooker's decision on whether Kaminski's search was legal — which the Crown's case hinged on — was supposed to be delivered in February. It was delayed because Bates wanted more background on the perjury allegations so he could properly cross-examine the officer, whose trial has not yet been set.
Chan will testify in his own defence when the trial resumes in September.
Final arguments will be made by Bates and prosecutor Bob Sigurdson afterwards, before the judge makes his decision.