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Probe drug cops, lawyers ask McGuinty
TORONTO.CBC.CA, Dec 18 2003
Toronto -A group of lawyers
has asked for a provincial inquiry into allegations of theft
and brutality by Toronto Police drug squad officers.
The allegations were first
made more than four years ago, when suspects in drug cases alleged
that they were beaten and robbed by police officers.
Following an investigation
by the department's internal affairs division, Police Chief Julian
Fantino appointed a Royal Canadian Mounted Police superintendent
to look into the case.
Now, more than two years later,
lawyer Clayton Ruby says the force has "failed utterly"
to deal with the corruption allegations.
"We don't know their budget,
we don't know their terms of reference and, year after year after
year, nothing happens," he said.
CBC News has learned that the
investigation has still not talked to all of the potential witnesses,
or to all of the people who have levelled allegations against
the officers.
Furthermore, some officers
have refused to cooperate with the inquiry.
Ruby and two other lawyers
have written to Premier Dalton McGuinty, Attorney General Michael
Bryant and Community Safety Minister Monte Kwinter to ask for
a judicial inquiry.
The officers against whom the
allegations were made are currently suing the force. They say
their reputations have been damaged and their careers ruined
by the investigation.
Toronto Police will only say
the investigation is ongoing.
Former drug cops sue
force
TORONTO.CBC.CA, Jan
21 2003
Toronto -Eight former members
of the Toronto Police drug squad have filed a $116-million defamation
suit against top law enforcement officials, claiming an internal
investigation has damaged their reputations and ruined their
careers.
Police Chief Julian Fantino, the Toronto Police Services Board,
Royal Canadian Mounted Police investigators and Justice Department
officials are among those named in a Statement of Claim filed
at the Ontario Superior Court of Justice on Friday.
None of the allegations contained
in it has been proven in court.
The eight plaintiffs are all
police officers who served on the force's drug squad. They were
reassigned following allegations that some members of the squad
had beaten and robbed suspected drug dealers.
An 18-month RCMP investigation
into the allegations against them is expected to result in charges
within the next few weeks.
At least 10 people have launched
civil suits against the Toronto Police Service, claiming millions
in damages and all naming the same group of drug squad officers.
Those suits allege that drug
squad officers used search warrants to rob the homes and safety
deposit boxes of suspected drug dealers.
On advice from their union,
some police officers have refused to provide information to the
RCMP investigation.
FROM JAN. 21, 2003: Officers
won't talk to drug-squad probe
The drug squad has been overhauled
since the allegations were made, and the officers in question
have been reassigned.
Officers won't talk
to drug-squad probe
TORONTO.CBC.CA, Jan
21, 2003
Toronto -A probe into allegations
against former members of the Toronto Police drug squad is being
hampered by the refusal of five officers to speak with investigators.
Two of the potential witnesses have even been offered immunity
from prosecution if they give evidence against their fellow officers.
But all are refusing to talk on advice from the lawyer for the
Toronto Police Association.
The probe was appointed by
Chief Julian Fantino to investigate allegations that some former
drug-squad officers stole hundreds of thousands of dollars from
criminal suspects.
FROM JAN. 20, 2003: Charges
expected against drug squad officers
Charges are expected to be
laid within weeks, following an 18-month probe by Royal Canadian
Mounted Police.
At least 10 people have launched
civil suits, claiming millions in damages and all naming the
same group of drug-squad officers. The suits allege that drug-squad
officers used search warrants to rob the homes and safety deposit
boxes of suspected drug dealers.
CBC.CA/WEB ONE: Toronto's drug squad under investigation
TPA lawyer Gary Clewley said
the officers who have been approached as witnesses in the RCMP
investigation don't trust the offer of immunity, and say they
feel intimidated.
"Well they've been summoned
in out in the west end by the RCMP people and told if they don't
cooperate they'll be charged with insubordination," he
said.
So far, no disciplinary action
or charges have been brought against any of the potential witnesses.
But eight former members of
the drug squad have reportedly filed a multi-million dollar lawsuit
against Fantino and other police officials.
The lawsuit alleges that the
officers' reputations and careers have been badly damaged by
the investigation into complaints about them.
Police charges
could sink trials: Eight officers were slated to be witnesses
in many drug cases
Jim Rankinand and John Duncanson,
Nov. 24, 2000, STAFF REPORTERS
More drug cases may be in jeopardy
and closed cases could be reopened in what has become the biggest
alleged corruption scandal to hit the Toronto police force.
With Wednesday's arrest of
eight former members of the force's Central Field Command drug
squad, a total of 13 Toronto police officers now face charges
as a result of an internal investigation into alleged pilfering
of informant money.
Internal Affairs, according
to police sources, alleges only a small amount of cash has been
taken from the informant fund, which is used to pay ``finks''
for information about criminal activity.
The Toronto Police Association
is outraged at the charges against the eight. The union has been
told the charges involve $2,100. Five other officers charged
earlier this year, who were from other units, are alleged to
have taken about $4,700 from the fund. Union officials have been
meeting to decide what action to take. They are leaning toward
some sort of civil action against the force.
While the alleged amounts involved
may seem small, the charges are serious: theft, fraud, forgery
and breach of trust. If convicted, the officers could face jail
time - a penalty that would cost them their jobs.
At least 50 drug cases, where
one or more of the eight drug squad officers were potential witnesses,
have been on hold since Dec. 6, 1999.
Federal crown attorneys who
stayed charges in those cases are now looking into whether the
cases will ever be tried. They have one year from the time of
staying charges to decide whether to reinstate them, and that
time is beginning to run out.
With nearly a year now gone
since the first of the cases began to unravel, not a single charge
has been reinstated, Tom Beveridge, deputy section head of criminal
prosecutions for the justice department, said yesterday.
Crown attorneys must
disclose that the officers are facing serious charges
The officers charged Wednesday
have been under investigation for some time. Federal crown attorneys
were told of investigations into at least three of the officers
in late 1999. In June, Toronto police informed them two others
were under investigation, said Beveridge.
Although the officers were
moved from the drug squad while under investigation, they remained
on active duty in other units and are likely witnesses in many
upcoming cases.
Crown attorneys are obliged
to disclose that the officers are facing serious criminal charges.
``They were certainly witnesses
on drug cases that are still going through the courts,'' said
Beveridge. ``So we've been asking for either stays or adjournments
because we were concerned, naturally, about our ability to live
up to disclosure obligations.''
As for closed cases, where
accused have already been convicted, Beveridge said crown attorneys
will be attempting to identify cases where evidence given by
the officers played a significant part in gaining convictions.
``We're going to have to look
at it and it may be appropriate to write to either the lawyer
or the accused, and say, `We've got some new disclosure information
that we want to provide to you, in case you don't already know.'
''
Hugh O'Connell, a senior federal
crown who has had to stay charges in a number of cases, said
in a recent interview he knows of at least two cases where lawyers
representing clients who were convicted have asked for reviews
based on the controversy surrounding the squad.
Edward Sapiano, who was among
a group of lawyers that filed a formal complaint against the
drug squad more than 18 months ago, said he's glad the force
took the matter so seriously.
``I tip my hat to Internal
Affairs. They did a bang-up job and that was made possible I
firmly believe by the integrity of (former chief) David Boothby''
and Chief Julian Fantino, he said.
If someone feels they have
been wrongly convicted they can ask the Ontario attorney-general
to review their case, ask for a hearing from the court of appeal
based on new evidence or even ask the federal justice minister
to look into their conviction, Sapiano said.
During the investigation, detectives
interviewed hundreds of people, many of them drug informants.
They also spent a lot of time going over paperwork that must
be filled out each time a drug officer uses money from the force's
special informant fund.
In April, a slew of criminal
charges were laid against five officers, two of whom were key
members of the force's special repeat offender and parole enforcement
unit. It had been rumoured for months more charges were coming.
Fantino held a news conference
Wednesday night to announce the arrests of eight veteran officers.
Staff Sergeant John Schertzer, Detective Constable Steven Correia,
and Constables Sean McGuinness, James Leslie, Jonathan Reid,
Raymond Pollard, Jaroslaw Cieslik and Joseph Miched are to appear
in court in January.
Schertzer, the most senior
of the officers charged, has steadily climbed the ranks during
his 25 years with the Toronto force. But he and certain members
of the drug squad have also been the subject of a number of public
complaints.
In one case, a Toronto police
complaint investigator found two men suspected by the squad of
dealing drugs had been unjustly detained, strip-searched and
had their homes searched in October, 1997, without a warrant.
The case against several officers was dismissed on a time-limit
technicality.
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