J-Tornado police questioned about proof drugs were involved in filmed deals

Defence lawyers for Shane Williams and Joshua Kindred continued to attack the amount of direct evidence against their clients Thursday, claiming police had no way of knowing transactions they staked out and filmed in 2014 were drug deals or not.

"It is conjecture on your part," Kindred's lawyer Reid Chedore said to Sgt. Dustine Rodier, about what she saw being exchanged in the parking lot of the Chateau Saint John hotel on July 22.

"It could have been a phone or a triangle or a case of beer," said Chedore.

Williams, 34, and Joshua Kindred, 39, have been on trial for the last nine weeks on drug possession, trafficking and conspiracycharges.

They were among 28 arrested by police on September 10, 2014, as part of what police called Operation J-Tornado, a three-year long investigation into drug trafficking in New Brunswick.

The investigation depended heavily on intercepted emails between drug suspects who unknowingly were using RCMP-supplied BlackBerrys.

Sgt. Rodier was part of a surveillance team dispatched to the Chateau Saint John after police intercepted emails suggesting there would be a cocaine buy of 612 grams for close to $42,000.

The emails were among a number of different parties including "ferrarigang" and "hummertime." Those are code names police say belonged to the phones used by Williams and Kindred although their lawyers dispute that.

Filmed from distance

Sgt. Rodier was in place and filming as two vehicles arrived and something appeared to be exchanged, but she was too far away to see exactly what was happening.

Rodier said the meeting was between John Deas, a man police say worked for Williams, and Moncton resident Shane Simpson, who owned his own lawn care business and showed up in his company truck.

Crown prosecutors presented the parking lot meeting as evidence that the emails between ferrarrigang and hummertime were directing drug activity in Saint John, but Williams' lawyer, Brian Munro, asked what police proved with their surveillance, beyond documenting two men met.

Truck not searched for drugs

"Do you know if police pulled Simpson over after this meeting and searched his truck?" asked Munro.

"I do know that did not happen," said Sgt. Rodier. "Why not?" asked Munro. "You had probable cause."

"You would have to ask (lead investigator) Sgt. Vachon," Rodier said.

Rodier was among a group that followed Simpson back up the highway, but then broke off surveillance shortly after reaching Moncton and returned to Saint John.

Guns for hobby shooting

Munro also questioned Sgt. Rodier about police treatment of Williams after he was arrested in September 2014.

He claimed police charged Williams with unsafe firearms offences even though guns they found in his home were locked away and he had all required licences and permits for each weapon.

Munro said it was well-known to law enforcement that Williams was an avid recreational shooter and the guns, put on display with drugs and money at an RCMP press conference following J-Tornado arrests, had no dark purpose.

"You knew he had a hobby. He liked to go to the gun range, shooting guns with police officers and others," said Munro.

He also said police moved unreasonably against legitimate businesses owned by Williams, including his sports bar Big Shots and a registered loans company.

Rodier acknowledged Williams' bar seemed legitimate when she went in undercover and ate lunch there during the J-Tornado investigation, but police considered it connected to his alleged criminal activity and seized $29,850 in cash from it, including $14,135 from its VLTs.

But Rodier denied police undermined Williams' loan business by telling his clients not to bother paying back what they owed.

"You never told anyone 'Don't pay that loan, he doesn't need that money?'" asked Munro. "No," said Sgt. Rodier.