Calgary cop accused of stealing marijuana set up in undercover sting, court hears

Calgary police's anti-corruption unit got a two-for-one deal when text messages between one officer, under investigation for bribery, led investigators to suspect his partner was stealing marijuana.

Const. Robert Cumming was set up in a sting where he was given a backpack of marijuana by undercover officers and observed taking it home, according to a witness on Day 1 ofhis trial.

Cumming, 44, was arrested June 3, 2016, and charged with breach of trust, theft under $5,000 and possession of a controlled substance.

In November 2015, Det. Timothy Fitzgibbonwas leading Operation Gumshoe, investigatingConst. Bryan Morton and five others mostly current, former and civilian CPS membersforcorruption, harassment and breach of trust allegations.

During that investigation, Fitzgibbonpicked up onsuspicious text messages betweenCummingandMorton, leadingto aseven-month investigationdubbed Operation Smoke, during which police looked into all drug-related calls he attended between 2013 and 2015.

• Calgary police officer accused of stealing seized marijuana

Morton and the other five also face criminal charges, though they stem from Operation Gumshoe three of them were in the courtroom on Tuesday.

Fitzgibbon testified that the idea was to set Cumming up by having an undercover officer hand him a backpack he'd found on the ground containinganounce of marijuana and other items designed to "look like it belonged to a high school girl."

On June 3, 2016, after he received the backpack, Cummingdrove to his home. Officers from a surveillance unit found an open backpack and marijuana in the garbage behind his home, according to Staff Sgt. JeffMacQueen.

Cumming returned to work, finished his shift and then drove back home, said MacQueen, where he then took the drugs out of the garbage.

Cumming smelled like alcohol when arrested

During his arrest several hours later, Cumming smelled like alcohol and was slurring his words and said he was "f**ked" and that his "life was over,"according to MacQueen.

Lethbridge Provincial Court Judge Jerry LeGrandeur is presiding over the judge-alone trial and Richard Tchirfrom Edmonton is prosecuting the case because of the conflict given Cumming is a police officer.

All of the Crown's evidence is being held in a voir dire a hearing to determine if the evidence is admissible.

Cumming's lawyer Paul Brunnenis challenging the admissibility of the evidence gained from the search of Cumming's home.

Brunnenwill also argue his client was entrapped set up by fellow officers.

Several officers and former officers who are or have been charged with crimes showed up at court on Tuesday, including Gerard Brand, Bryan Morton, Steve Walton and HealtherWalton.

Officers in court 'for support'

Brand, who had been accused of illegally accessing CPS computer system information and selling it to a private company, was acquitted of corruption charges in November.

Walton, his wife and Morton facecorruption, harassment and breach of trust allegations in connection to a private investigation firm.

The officers are in the courtroom "for support," according to Walton.

Cummingissuspended from duty with pay pending the outcome of his trial.

An investigation by the professional standards section will begin once the criminal process is complete.

Tchir plans to call 12 witnesses.

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