Winnipeg Free Press

Winnipeg Free Press (Newspaper) - July 28, 2015, Winnipeg, Manitoba C M Y K PAGE B3 winnipegfreepress. com CITY WINNIPEG FREE PRESS, TUESDAY, JULY 28, 2015 B 3 BIRCHWOOD NISSAN'S 1 ST EVER 2015 NISSAN ALTIMA 2015 NISSAN ROGUE 2015 NISSAN PATHFINDER 2015 NISSAN 2015 NISSAN VERSA NOTE SENTRA DEALER INVOICE PRICING ON PR ALL NEW IN- STOCK VEHICLES! SAVE UP TO $ 16 ,0 00! * LIMITED TIME OFFER You Pay What We Pay! birchwoodnissan. ca Hurry in Now! EndsJuly31 st ! ASK US HOW TO DAY! * Save up to $ 16,000 on select models only. See Birchwood Nissan for details. Pointe West Autopark 50- 3965 Portage Ave Tel: 1- 888- 885- 1937 birchwoodnissan. ca Dealer Permit #: 0086 A WINNIPEG drug dealer who claimed his rights were violated when police tactical- team members used Wild West tactics to storm into his Fort Rouge home is fighting to stay out of jail. Christopher Li was convicted of possession of cocaine for the purpose of trafficking and possession of property obtained by crime following a trial earlier this year. He returned to court Monday for sentencing. The Crown is seeking a three- year prison term, while Li has asked for a conditional penalty that will allow him to remain free. Queen's Bench Justice Herbert Rempel reserved his decision until later this summer. Li tried to get his case tossed out of court, claiming police violated his charter rights during the so- called dynamic entry in which he was caught with close to $ 6,000 in cocaine, more than $ 2,000 in cash and various drug paraphernalia. Defence lawyer Mark Wasyliw argued there was no reason for such a heavy- handed approach - which included a battering ram, flash bang and high- powered weaponry. He asked for the evidence against his client to be dismissed and suggested police didn't " do their due diligence" and carry out a proper investigation. They decided to flex their muscle without proper authority, he argued. Rempel rejected that bid, concluding police acted properly and within their mandate. " Theyhadreasonablegrounds to believe there was a real risk of violence," the judge said. Li was one of three targets of a search warrant police obtained during the 2012 investigation, court was told. Although he had no criminal record, Li was believed to be an associate of the Zig Zag Crew, the puppet club of the Hells Angels. One of the other targets had a criminal record for violence and was facing weapons charges. There were also links to the Hells Angels. The Dudley Avenue house that was being raided was previously known to have air- soft guns inside. For these reasons, police applied for the type of " no- knock" warrant that allowed seven officers of the specialized tactical unit to knock the front door down, toss a flash bang inside and go in with military- style rifles. Police said they had concerns about safety and feared drugs could be flushed if the targets weren't taken by surprise. A magistrate agreed and issued the warrant. In his ruling, Rempel said that was reasonable and police made " logical inferences" in how they handled the raid. " The actions of police were proportional to the risk of violence and possible destruction of the evidence," Rempel said. He said there was no suggestion police " assumed they had carte blanche... for a Wild West- style dynamic entry." " They were in compliance of key requirements of the search warrant," Rempel said. Li was the only person inside the home when police burst in. He emerged from a bedroom and gave himself up. No firearms were found. Police found drugs hidden under a couch and in a jacket, while the cash was inside a dresser. www. mikeoncrime. com Police bust on the up and up, judge rules Drug dealer loses bid to get conviction tossed By Mike McIntyre A 66- YEAR- OLD Winnipeg man faces an automatic jail sentence after being convicted Monday of sexually abusing his four- year- old granddaughter. The accused - who can't be named to protect the identity of the victim - had fought the allegations at trial. But Queen's Bench Justice Joan McKelvey said she had no trouble accepting the disturbing story told by the little girl to her parents. " She was an engaged, focused and consistent witness," McKelvey said in her ruling. The girl described how she was molested during visits to her grandfather's house during the spring and summer of 2011. The man's lawyer had suggested she was mistaken and other family members may have influenced her to make bogus claims. The accused never testified in his own defence. " There is no evidence these allegations were intentionally placed in ( the victim's mind,)" McKelvey said Monday. " The touching was done for the accused's sexual gratification or for the purpose of violating the complainant's sexual integrity." In 2001 when the offences took place, conviction carried a mandatory minimum 90- day jail sentence. But that has since been increased to one year. The Crown said it intends to seek a much longer period, likely in excess of two years. The accused remains free on bail pending sentencing, which isn't expected until the fall, when a court- ordered forensic report is due. www. mikeoncrime. com Grandpa to get jail for abusing girl, 4 By Mike McIntyre ' The actions of police were proportional to the risk of violence and possible destruction of the evidence' - Queen's Bench Justice Herbert Rempel MIKE DEAL / WINNIPEG FREE PRESS Hot hoops Ezra Leano ( left), 12, and Andrei Legaspi, 12, play basketball in Northwood Park as the temperature worked its way above 30 C Monday afternoon. It will cool off today, with the mercury in the mid- 20s. Showers and gusty winds are expected. B_ 03_ Jul- 28- 15_ FP_ 01. indd B3 7/ 27/ 15 7: 24: 54 PM ;