Court says wiretaps violated alleged kidnappers' rights

Judge turns down defence request to exclude most evidence. A judge has found that police wiretaps violated the rights of the five men accused in the kidnapping of former UBC student Graham McMynn. But the judge rejected a defence motion to exclude most of the evidence.

During McMynn's week-long ordeal in April 2006, Vancouver police intercepted 25 phone calls.

Some of the intercepts were made under a law that does not require a judge's authorization in cases of life-threatening emergencies, while others were obtained by judicial approval.

Chandra Corriveau, a lawyer for Sam Vu, one of the accused, argued that the privacy of the accused was breached and the evidence should be excluded.

In finding that there was a breach of the Charter of Rights, B.C. Supreme Court Justice Arne Silverman agreed with another B.C. judge in a recent ruling that found the law allowing the emergency intercepts was unconstitutional.

Silverman also found that in the calls involving judicial authorization, Sam Vu was not named as a target in the authorizations and, therefore, there was a breach.

But the judge found that the breaches were not serious, and that while police made some mistakes they were acting in good faith and believed that McMynn's life was in danger.

He excluded as evidence several of the calls, including one between accused Joshua Ponicappo and an unknown man and one between Van Van Vu and Sam Vu, who are brothers.

The ruling comes near the end of the prosecution's case, expected to wrap up sometime in the next week. The two sides then have a week-long break to prepare final submissions.

Anh The Nguyen, Van Van Vu, Joshua Ponicappo, Jose Hernandez and Sam Taun Vu are charged with kidnapping and unlawful confinement.

kfraser@theprovince.com

Keith Fraser, The Province

Published: Tuesday, August 12, 2008

© The Vancouver Province 2008