Pubdate: Thu, 08 Jan 2004
Source: National Post (Canada)
Copyright: 2004 Southam Inc.
Contact:  http://www.nationalpost.com/
Details: http://www.mapinc.org/media/286
Authors: Allan Woods and Dawn Cuthbertson, National Post

RCMP ALLEGES DEEP ROT IN DRUG SQUAD

Toronto Officers With 'Unblemished Careers' Charged With 40 Counts Of
Corruption

TORONTO - Six former drug squad officers with Toronto police are
facing 40 criminal charges including extortion, theft and obstruction
of justice after a two-year, multi-million-dollar investigation into
corruption in the now disbanded unit.

Staff Sergeant John Schertzer, constables Steve Correia, Ray Pollard,
Ned Maodus and Richard Benoit, as well as former constable Joseph
Miched, who retired in October, 2003, appeared in court yesterday.
More than a dozen officers showed up to support them.

"I am deeply saddened and disappointed," said Toronto police Chief
Julian Fantino.

"Without a doubt and from all points of view, this whole situation is
indeed quite regrettable.... Although I would have preferred a
different outcome, I know that the public interest has been
well-served."

At least 115 criminal charges laid by the Toronto drug squad have been
stayed since RCMP Chief Superintendent John Neily launched his
investigation in August, 2001 -- at Chief Fantino's request-- into
corruption allegations dating back to 1995.

The allegations relate to falsified notes and internal police records,
false testimony in court, false information sworn to obtain search
warrants and failing to account for evidence seized from crime scenes,
such as drugs or money, Chief Supt. Neily said.

"In this case, the evidence led to a small group of individuals within
the Toronto Police Service who, the special task force alleges, chose
to involve themselves in criminal activity," Chief Supt. Neily said at
a packed news conference. "Criminal activity is an individual choice
that has no justification. Police officers are not above the law."

Gary Clewley, a lawyer for the Toronto Police Association, the force's
7,000-member union, said his clients must be presumed innocent, no
matter how serious the allegations or lengthy the investigation.

"These people have an unblemished career.... These are seasoned
officers and they intend to defend themselves vigorously," he said.
"They expect the judicial system to treat them fairly like everybody
else."

The five officers have been suspended with pay until the outcome of
the criminal trial.

Chief Supt. Neily said the charges are based on hundreds of thousands
of pages of documents and interviews with more than 400 people.

In the waning months of the investigation, Crown prosecutors reviewed
the evidence, selecting only those instances where they believed
charges would result in certain conviction.

"Those cases that did not meet this standard were set aside," Chief
Supt. Neily said, refusing to say how many other potential charges
were passed over.

Some of the evidence collected by the task force, which consisted of
40 officers at its peak, has already resulted in charges against
Detective Constable Robert Kelly, a member of a separate team within
the drug squad, for possession of cocaine. In court, he admitted to
using drugs while on the job.

The findings of the task force have also caused the courts to overturn
two prior drug convictions investigated by the drug squad. One of
those cases involved Simon Yeung, who was convicted of possessing and
trafficking cocaine and sent to a Kingston penitentiary before the
conviction was quashed in 2001. Mr. Yeung filed a $2.7-million lawsuit
against the force and two officers last year.

Jim Leising, the Department of Justice's director of federal
prosecutions in Ontario, said the federal government will review the
task force findings to see whether any other convictions involving the
drug squad should be overtur ned.

"We certainly want to protect against anyone from being wrongfully
convicted," Mr. Leising said.

Const. Maodus, a 15-year-officer, was first suspended with pay after
being criminally charged with sexual assault, uttering threats and
pointing a firearm, all against a female victim, in March, 2002.
Earlier this week, he was charged by the task force with possession of
heroin and cocaine for the purpose of trafficking and possession of
Ecstasy.

Since the probe began, the drug squad officers, known as the Schertzer
Crew for the 28-year-officer who led the unit, have filed a civil suit
against Chief Supt. Neily, Chief Fantino, Crown attorneys and others,
alleging they are the subject of a witch hunt.

Rick McIntosh, president of the police union, said that the officers
are frustrated.

"I've never heard of an investigation that takes this long to do by
police," Mr. McIntosh said.

"That part is frustrating and now the officers have a couple more
years [in court] until they can clear their names.

"They've said to me they have faith in the justice system," he
added.

Five of the men were released on $25,000 bail yesterday. Const.
Maodus's bail was set at $35,000 and he is not allowed to associate
with his co-accused, leave Ontario, live anywhere but at his parents'
home in Windsor, own weapons or ammunition or possess drugs unless
they are prescribed.

Their next court appearance is Feb. 25 at 2 p.m. at Old City Hall.
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