Exhibit 4-D

Issue Three

The correct version of the event in question is supported by documentary evidence and unfolded as follows.

On the evening of January 22, 1991, a US resident called a US Customs Inspector at the Maida Port in North Dakota and informed him that he was going to be attending to the Canadian Port of Snowflake to discuss an outstanding Canadian arrest warrant.  This precipitated a telephone call from US Customs to a Canadian Customs Inspector at the Snowflake Port.

The Canadian Customs Inspector was aware of the outstanding arrest warrant since the US resident was a known liquor smuggler.  The Canadian Customs Inspector telephoned the RCMP Detachment in Manitou, Manitoba and informed an RCMP officer that the US resident had called and was enroute to the Snowflake Port.

The RCMP were at a juncture in their investigation of the US resident who was a named co-conspirator in a liquor smuggling operation involving other US residents and Canadians.  The RCMP were aware that their warrant for him was weak and were exploring options for his role in the conclusion of their investigation.  One of the considerations was bargaining away the arrest warrant in exchange for his cooperation as an informant against other smugglers.

Due to the various possible roles that the US resident could play in the resolution of the RCMP conspiracy case, a decision was made by the RCMP to tell the Canadian Customs Inspector to allow the US resident to ask his questions and return to the US and that the RCMP would not be attending to the Port.

When the US resident arrived at the Snowflake Port, the Canadian Customs Inspector again called the Manitou RCMP Detachment.  During this telephone call, the US resident also had a conversation with an RCMP officer.  It was mutually decided between him and the RCMP officer that a meeting would take place in Langdon, North Dakota.

After the telephone call with the RCMP officer, the US resident returned to the US.  On May 8, 1991, two RCMP officers from the Manitou RCMP Detachment attended to the Sheriff's Office in Langdon, North Dakota, and met with the suspect.

The US resident in question was never arrested or prosecuted.  On December 10, 1997, the NCO in charge of the Manitou RCMP Detachment wrote to the Federal Crown and requested that the information's be stayed against the US residents that allegedly conspired to smuggle liquor into Canada.  In addition, a request for the withdrawal of the arrest warrants was also made.  This request was made because the US residents had not been active in smuggling since approximately 1990 and of the two alleged Canadian conspirators, one was dead and the other's whereabouts were unknown.  In early 1998 the request was complied with.

 

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