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RCMP pressed on east-end meeting

The court also hears another recounting of the January, 2016 Queen Street takedown
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The Sault Ste. Marie Courthouse is pictured in this file photo. Michael Purvis/SooToday

A Mountie was parked in a turnaround on Fournier Road in the city's east end, during the surveillance of a Sault Ste. Marie man suspected of dealing steroids, when Richard Hurley drove into the spot, a judge heard Wednesday.

Alvin Tang was part of a RCMP team of officers that was shadowing Chris Muncaster, a personal trainer, on Jan. 7, 2016, when they suspected he was going out of town.

Tang took up that position after the target stopped at the nearby Husky so that he could observe the man if he travelled eastward on the highway.

The 12-year officer testified that Hurley pulled into the turnaround, drove past his unmarked vehicle and parked there.

Five to 10 seconds later, Muncaster arrived and parked behind Hurley, Tang told federal prosecutor Luc Boucher.

He said he watched as Hurley got out of his vehicle, walked to the driver's side of the black Lincoln the other man was driving, and appeared to lean in and speak to the driver.

Tang said as he slowly pulled out of the area he watched Hurley in his rear view and side mirrors.

During cross-examination by Toronto defence counsel Michael Lacy he said he didn't see any of the vehicles' trunks open.

Hurley has pleaded not guilty to possession of cocaine for the purpose of trafficking and obstructing police stemming from his Jan. 8, 2016 arrest in downtown Sault Ste. Marie.

His trial began Monday, before Ontario Court Justice Romuald Kwolek, with a voir dire to determine the admissibility of evidence, in response to an application filed by the defence contending that Hurley's Charter rights were violated by police.

Muncaster also faces numerous drug-related charges in connection with the police investigation, dubbed Project OTamper.

Tang also was among the officers who followed Muncaster to Toronto and then arrested Hurley the following day after the two men met at the trainer's Queen Street East studio.

He told the court he was positioned on Spring Street facing north, as officers waited for Hurley to leave the building, after being told by Mark Allison, who was heading up the investigation, to arrest him for the possession for the purpose of trafficking when he came out.

After he heard on the police radio that Hurley had left the studio with a grocery bag, and officers telling him to stop that he was under arrest, Tang said he ran north on Spring Street and spotted Hurley

Tang took chase, yelling "stop, you're under arrest," and followed Hurley as he ran into an alley way then west along Queen Street, the court heard.

The Mountie said he was 10 to 12 feet behind Hurley and could see the plastic bag "swing side to side as he (Hurley) was running."

Tang caught up with Hurley, just past Reggies, at a provincial building next to the courthouse, and grabbed his arm, telling him he was under arrest.

The officer said Hurley struggled, and "I leg swept him to the ground" and "at some point he loses the bag."

Hurley fell on his hands, and Tang said since he couldn't see them "I applied a pain compliance technique" for officer safety and because Hurley was bigger than him.

The struggle continued as Hurley tried to stand up. Two other officers arrived and it took the three of them to grab the man's hands, he said.

After Hurley was handcuffed, Tang said he gave him his rights and caution from memory.

He told the judge he handed Hurley off to another officer and asked him to read the accused a secondary caution and search him.

One of the other officers found the bag close to where the struggle occurred, he said.

Tang said he was in plain clothes, but was wearing a black tactical vest with the word police on the back and front in white letters.

Lacy asked what controlled drugs the team was told to arrest his client for and Tang said it wasn't specified.

Tang agreed with the lawyer's suggestion that it didn't matter whether Hurley was observed to have something when he came out of the building, that the direction was to arrest him.

The trial continues today with the Crown expected to call other police officers involved in the project.


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About the Author: Linda Richardson

Linda Richardson is a freelance journalist who has been covering Sault Ste. Marie's courts and other local news for more than 45 years.
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