Accused smugglers’ lawyer wants their cellphones returned

By Lethbridge Herald on July 18, 2023.

Delon Shurtz
LETHBRIDGE HERALD

Two B.C. men accused of smuggling drugs into Alberta from the U.S. say their cellphones that were confiscated by police when they were arrested contain information critical to their case and should be returned.

The Crown, however, says the phones may never be returned.

B.C. lawyer Pir Indar Paul Singh Sahota told a judge last week in Lethbridge court of justice he needs “evidence” contained on the phones, as well as on a GPS system, before he can take a step, and he’s been waiting for the information since last month when he first made the request. Sahota said he had spoken with the Crown and was told the information on the devices has been downloaded, and the Crown no longer needs them.

Rosie Murphy, acting as agent for the Crown prosecutor in the case, said defence has already been sent substantial disclosure and the Crown is ready to schedule a trial. She added the cellphones may be permanently forfeited, and defence doesn’t need them to set a trial date.

“They’re in the possession of the police, and they’re currently being processed, so there’s no timeline at this point as to when, and even if, the phones would be returned,” Murphy said. “They could be subject to forfeiture depending on what’s found on them.”

Sahota pointed out, however, the information is critical to his case.

“We don’t have any defence except those three items,” he told the judge. “In view of the Crown’s submission, probably we will have to make an application to the court for return of those items so that we can download the evidence from them.”

Justice Peter Ayotte agreed with the Crown and said trial dates can be set while defence waits for further disclosure, and he granted an adjournment until Wednesday to allow time for Sahota to speak with his clients to determine their election – whether to be tried in Alberta Court of Justice or Court of King’s Bench – and prepare to schedule a trial.

“We can set dates and then you can make your application before the assigned judge,” Ayotte said. “But so we’re clear, it’s peremptory; there’ll be no more adjournments, so get your instructions from these two.”

Sukhdeep Singh Sandhu and Harmanpreet Singh Sidhu are charged under the Controlled Drugs and Substances Act with importing narcotics and drug possession for the purpose of trafficking. They are also charged under the Customs Act with smuggling goods.

The charges were laid after two men in a commercial vehicle tried to bring 245 kilograms of methamphetamine into Alberta on April 17.

Sandhu and Sidhu were released from custody three days later following a brief hearing in Lethbridge court of justice, during which they were ordered to each pay $1,000 bail, report weekly to the Coaldale RCMP, not possess any weapons, reside at specific addresses in Surrey, B.C., surrender their passports and not have any contact with each other.

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