NEWS > 05 April 2006

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ALAN CAIRNS, TORONTO SUN
05 April 2006

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Cop case witness busted

A Toronto man whose "improper" conviction for heroin trafficking helped prompt the largest police corruption probe in Canada has again been charged with the same offence.

Kai-Sum "Simon" Yeung -- a key prosecution witness in the corruption-related trial of six Toronto Police drug squad cops -- was busted at a Northtown Way condo last week.

OPP allegedly found 28 grams of heroin, cutting agents and half a dozen Ecstacy pills at a condo which Yeung shares with his partner, Ma Kwan "Cindy" To.

The heroin has an estimated street value of about $50,000, OPP Det.-Sgt. Lee Woodman said.

Also seized was $134,500 in cash allegedly linked to drug dealing -- $18,500 in Yeung's condo and $116,000 in two safety deposit boxes.

Yeung's stunning release from Collins Bay prison in June 2001 -- with 27 months still to go on a 45-month prison sentence -- precipitated an RCMP-led probe into allegations that members of the Toronto Police central field command drug unit had stolen drugs and cash from suspects.

In Yeung's case, it is alleged in Ontario Court of Appeal documents that there are suspicions of "material non-disclosure" and police perjury.

While Yeung admitted guilt and "would appear to be guilty," the affidavit states, his conviction was "improper" because the police use of a state agent in the drug sting was not disclosed to him.

SETTLED OUT OF COURT

After his conviction was overturned by the appeal court, Yeung filed a $2.7-million civil lawsuit against former drug squad officers Det.-Sgt. John Schertzer and Det.-Const. Steve Correia. Police denied wrongdoing, but Yeung was paid an out-of-court settlement.

His case also prompted prosecutors to withdraw more than 200 drug cases.

Schertzer, Correia and former drug squad members Joseph Miched, Ray Pollard, Ned Maodus and Rick Benoit are in the midst of a preliminary hearing on allegations of extortion, theft and falsification of notes, police records, court testimony and search warrant affidavits.

Four more cops are named as unindicted co-conspirators.

The charges followed a two-year, multimillion-dollar probe by an RCMP-led task force, which was started by then chief Julian Fantino shortly after Yeung's release.

Yeung is one of a half dozen key witnesses to testify against the six officers at a preliminary hearing held before Superior Court of Ontario Justice James Blacklock at Old City Hall over the past three months. The prosecution wrapped up its case last Thursday -- two days after Yeung's arrest.

Defence lawyers had initially subpoenaed 25 witnesses -- mostly cops -- but then called nobody.

There is a publication ban on evidence and testimony.

Prosecutors and defence lawyers will make written and oral submissions by the end of the month.

Yeung, 30, who drives a leased Mercedes Benz C320, was arrested at his condo March 28 and ordered held in custody Friday. His next court appearance is scheduled for April 18.

Woodman said OPP arrested Yeung after receiving a tip from an informant and on information "we could dig up ourselves."

"We don't care if he is a Crown witness or not. He's not above the law," Woodman said.

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Article sourced from

ALAN CAIRNS, TORONTO SUN05 April 2006

Cop case witness busted

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ALAN CAIRNS, TORONTO SUN
05 April 2006