Accused Edmonton drug dealer acquitted when judge finds serious breach

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A defendant drug dealer was found innocent after an Edmonton judge delayed the appointment of attorneys and bail hearings to police.

Matthew Allen Tierney was acquitted last week with gun and drug crimes last week after Kings backup judge Kent Teskey criticized police actions.

Teskey found that a RCMP official banned him from calling for 16 hours after Tierney was arrested. Before he was able to speak with bail, he had 33 hours passed the legally required 24 hours.

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“I have a hard time finding words to express my concern about the police behavior in this matter,” Telsky said.

Tesky acknowledged the seriousness of Tierney’s alleged criminal activities – including the dangers of prosecutors claiming he was in trafficking – but said police actions cannot be ignored.

“The police were careless at best, but I think they were largely indifferent to the fundamental rights violated,” he said. “Preferring to their interests is the default choice between deciding on the interests of the investigation and the rights they have to offer.”

The investigation into Tierney and his concurrent defendants is a woman in her 50s from the town of Myrnam, which began in the fall of 2020 as part of the RCMP trafficking of methamphetamine.

The investigation eventually led to the RCMP’s arrival at a house in West Edmonton that was linked to Tierney.

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Tierney, who was 30, was arrested before midnight on May 10, 2021. When asked if he wanted to talk to a lawyer, he was read his Charter Rights and replied “Yes, please.”

Tierney was taken to the Parkland RCMP detachment. Shortly after his arrest, the RCMP ordered Tierney to be banned from using the phone because he was worried that he might contact other residents of the house and told them to destroy the evidence.

Police officers admitted that his actions violated Tierney’s charter rights, but said the move was to preserve the necessary conditions for the investigation.

The next day, police raided the house before 4 p.m., popped up 1,248 grams of fentanyl, 1,587 grams of cocaine and 500 grams of methamphetamine. In addition to finding a home in Myrnam, police have seized over 60,000 doses of various drugs, tens of thousands of dollars in cash and weapons, including assault rifles, pistols and pistol grip shotguns.

After the search began, Tierney had the right to call his attorney. After calling, he was detained for another 17 hours.

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He complained about medical problems but was told that his bail hearing was postponed if he went to the hospital. After 33 hours in the Parkland RCMP detachment, including interviews after 30 hours of lockdown, Tierney was taken to the Peace Judge and released on cash bail.

The law that allows defendants to be released on bail within 24 hours is “not a new rule or an uncertain rule.” Police claimed the delay was related to Covid-19, but Teskey said they had nothing but “naked assertions.”

“I find that the delay is entirely attributed to the police’s choice to prioritize their constitutional privileges for the defendant’s rights,” he said.

As for the delay in calling Tierney, Teskey said there was no ambiguity in this regard.

“The right of attorney must be granted without delay.” Although it may justify if the delay poses serious risks to the public or the police, in the case of Tierney, neither factor is present.

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“There is no specific indication of this case that there will be a risk of a police officer’s safety concern or evidence to be destroyed,” he said.

Teskey’s blame for officials failed to reassess the situation amid the passage of time and no solution was found, which would address their concerns when maintaining Tierney’s rights.

“Officers did not consider reasonable alternatives to delay lawyers, including calling legal aid lines or calling lawyers who the defendant wishes to call.”

Prosecutors acknowledged that Tierney’s rights had been violated, but believed that the violation was not sufficient to guarantee the exclusion of all evidence from Tierney’s residence.

Teskey disagrees.

“While I am aware of the serious crime involved in this matter, the police’s actions are neither secondary nor imperfect; it is a serious violation of the rights of the basic charter,” he said.

Tierney’s lawyer Akram Attia said the royal family closed the case after Teskey abandoned evidence of the search warrant. Soon after, the judge was acquitted.

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jwakefield@postmedia.com

x.com/jonnywakefield

@jonnywakefield.bsky.social

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