Pubdate: Wed, 22 Jan 2003
Source: Toronto Sun (CN ON)
Copyright: 2003, Canoe Limited Partnership.
Contact:  http://www.fyitoronto.com/torsun.shtml
Details: http://www.mapinc.org/media/457
Author: Alan Cairns

COPS AND COKE

Lawyer Outraged After Being Told Drug Police Got 'Package' Instead Of Jail Time

A veteran Toronto police officer who once headed a drug squad is one of 
several cops who last spring took a secret "package" to stave off criminal 
prosecution, The Toronto Sun has learned.

The popular officer, who during a stellar career has dodged bullets and 
worked on huge cases, went into rehab after confessing to a decade-long 
cocaine habit, sources say.

The officer's case is being treated as a "disease" similar to alcoholism, 
sources say, and he has spent several months in drug therapy while on sick 
leave.

Toronto lawyer Edward Sapiano who has often represented accused drug 
dealers said he was "stunned" when told of the secret deal by The Sun.

"There is obviously one law for the police and one law for the rest of us," 
Sapiano said.

The revelation that an unspecified number of Toronto drug cops went into 
rehab amid findings of "serious criminal wrongdoing" is contained in a 
$116-million civil lawsuit filed against Toronto Police Chief Julian 
Fantino and 22 other police officials, prosecutors and politicians by eight 
former drug squad cops.

The eight officers were part of the now-defunct central field command drug 
squad that is at the centre of an RCMP-led task force into alleged corruption.

The eight, who had charges against them -- theft, fraud and forgery -- 
stayed last February, allege their lives are in tatters because of the 
allegations.

They allege an outraged Fantino "interfered" after two separate internal 
affairs probes came up empty-handed, first demanding that charges be laid 
and then later calling in the RCMP.

The lawsuit contains allegations that have not yet been tested in court.

The probe led to criminal charges against one northwest field command cop, 
the suit claims, who on more than one occasion had asked to be withdrawn 
from the drug squad because of "substance abuse" problems but was left in 
the unit.

While the officer is not named, court documents state that the RCMP-led 
task force arrested northwest field command Det. Const. Robert Kelly Nov. 
16, 2001 and charged him with trafficking cocaine, possession of cocaine 
for the purposes of trafficking and breach of trust.

According to the statement of claim, the "package" was devised by Fantino 
and RCMP Chief Supt. John Neily, who was picked to lead the 25-member task 
force by longtime Fantino friend, RCMP commissioner Giuliano Zaccardelli.

RCMP-Led Probe

While Neily considered laying "serious"criminal charges against other 
officers, the lawsuit claims, he and Fantino "concurred that the other 
officers could escape criminal charges" if they took the "package."

Sapiano, whose allegations of drug cops stealing cash and drugs from 
dealers prompted the RCMP-led probe, said the secret deals suggest "a whole 
separate parallel justice system has been established for police officers".

Sapiano said it is "mindboggling" to think such a high-profile officer 
could have a decade-long habit while working daily with officers who are 
"trained to detect" drug use.

Sapiano said the man likely secured "more than a century" in prison terms 
for drug users when "he was doing the same thing they were doing."

When asked about the seriousness of drug addiction among police officers, 
Ontario's deputy coroner Dr. Jim Cairns said after off-duty officers were 
found dead or unconscious in the early 1990s, his office sent a warning to 
Toronto and other forces about the dangers of leaving undercover officers 
in drug squads too long.

Cairns said the issue of mandatory substance abuse tests for drug squad 
officers was raised, but it didn't lead to anything.

Toronto Police spokesman Rob Knapper refused comment on the drug-addicted 
officers, saying "we do not disclose anything relating to personnel issues."

Fantino refused to confirm anything, saying it would be "inappropriate" for 
him to discuss "personnel issues."

Fantino said "speaking in general terms," he has always been "vigilant 
about the vulnerability of our people."

Fantino said many functions in policing carry risk, especially drug work. 
He noted that many major American cities have drug screening in place, but 
he does not see it as possible in Toronto.

"I would only want to see this done if it is done to protect our people, 
their families ... I wouldn't want it perceived as anything to be used or 
abused," the chief said.

The officer has not been named in any civil court allegations of corruption 
or brutality, nor was he part of any drug squad when the RCMP probed the 
northwest field command.
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