Pubdate: Fri, 22 Sep 2006
Source: Toronto Star (CN ON)
Copyright: 2006 The Toronto Star
Contact:  http://www.thestar.com/
Details: http://www.mapinc.org/media/456
Author: John Duncanson, Staff Reporter

11 CHARGED UNDER POLICE ACT

Allegations Against Officers Include Missing Cash, Narcotics

Internal Probe Grew Out Of $3 Million Criminal Investigation

Missing money and drugs, falsified search warrants, and lying before 
a judge are among the disturbing allegations in dozens of police 
services act charges laid against 11 former Toronto drug squad officers.

Details of 83 internal charges against the Central Field Command drug 
squad investigators were released yesterday by the force at a police 
tribunal where the officers were to make their first appearance.

None of them appeared in person, but all were represented by lawyers. 
It's likely a trial date could be a year or more away since five of 
the officers also face criminal charges stemming from a lengthy 
RCMP-led investigation concluded in 2004.

The allegations against the officers relate to events between 1995 
and 1999. Staff-Sgt. John Schertzer, one-time leader of the elite 
drug squad, faces the most police act charges at 21.

In June, Schertzer, and Constables Steven Correia, Joseph Miched, Ned 
Maodus, Raymond Pollard and Richard Benoit were ordered to stand 
trial on criminal charges that included extortion and assault. Miched 
was not charged under the police act because he has retired from the 
force. The investigation into activities of the central drug squad 
has been described as one of the biggest corruption probes in the 
force's history.

The police act charges released yesterday named six other officers 
not facing criminal charges. They are: Constables Mike Turnbull, 
Gregory Forestall, Sean McGuiness, Jonathan Reid, and Detectives 
Christopher Higgins and Jason Kondo.

The charges under the police act include deceit, insubordination, 
discreditable conduct, and corrupt practice.

Some of the officers face only one or two disciplinary charges and 
it's expected their lawyers will seek to have the charges dismissed 
in court, arguing they were laid too late. Under the police act, 
charges are supposed to be laid within six months of an allegation 
being made to police about the conduct of an officer.

Chief Bill Blair had to get permission from the police services board 
to lay the police act charges because they fell outside the six-month timeline.

As well, the police service may have to ask a senior officer from 
another force to hear the case because many of the charged officers 
have had some contact with senior brass that normally hear police act cases.

Included in the allegations released yesterday is a case from 1998 
where a search warrant was executed on a safety deposit box at the 
Canadian Imperial Bank of Commerce. According to the notice of 
hearing, $31,150 was not accounted for when the money from the bank 
was returned to an accused. Schertzer and Correia have been charged 
with corrupt practice in that case.

Other charges involve allegations that officers falsified information 
to obtain search warrants and that seized drugs were not logged into 
police evidence lockers. In 2000, criminal charges laid against 
several officers were later stayed when a larger investigation that 
cost about $3 million resulted four years later in charges.
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