STAY OF PROCEEDINGS DUE TO EXCESSIVE USE OF FORCE

Even habitual criminals are entitled to a thorough defence. In this case, the client was charged only several months after his release on similar drug trafficking charges. In this instance, he was charged with possession and trafficking of opiate derivatives. However, the client indicated that the pills were not his and that the police had intruded into his residence using force to pull him out. Upon extricating him, it was alleged that they dangled him over the ledge of his second story balcony, threatening him for information as to the sources of his contraband. The client alleged that the drugs were not found on him, and that this was a ruse set up by the police to round up a usual suspect. A preliminary inquiry was conducted which set up the cross-examinations for trial. Countless contradictions between the arresting officers were obtained. Using the contradictions, Mr. Lewandowski was able to call into question the manner of arrest and the degree of force used. As regards the notion that the drugs were planted on the client, this was never proven. However, it was indeed suspicious that the arresting officer made notes of seizing an entirely different set of pills than those that were held in the evidence locker. Three days before trial, the Crown withdrew the charges.