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The court exercised extraordinary discretion to compel a police officer to testify remotely at an in camera Basi hearing to determine a confidential informant privilege claim.
This endorsement addresses an upcoming in camera Basi hearing to determine the legitimacy of a confidential informant (CI) privilege claim during a continuing Garofoli application.
The court, exercising extraordinary discretion, ordered a specific police officer, Officer Paul Noonan, to testify remotely at the Basi hearing.
This decision was based on allegations of police impropriety regarding the CI's role, the officer's co-handling of the CI, and the necessity of his testimony to determine the privilege claim on a balance of probabilities.
The defendant was also directed to provide written submissions and questions for the hearing.
The court deferred an application to cross-examine a search warrant sub-affiant pending an in camera hearing to determine confidential informant status.
The defendant, Troy Moulton, charged with drug and firearm offences, brought an application to cross-examine a sub-affiant (Officer N.) regarding the Information to Obtain (ITO) a search warrant.
The core of the challenge was whether the confidential informant (CI) relied upon by the affiant was actually an agent acting at the behest of the police, which would negate informer privilege and lead to full disclosure.
The court determined that a Basi hearing was necessary to first determine the status of the putative CI before ruling on the cross-examination application.
The ruling on the cross-examination was deferred pending the in camera Basi hearing.
