Pubdate: Sat, 09 Feb 2008
Source: National Post (Canada)
Copyright: 2008 Southam Inc.
Contact:  http://www.nationalpost.com/
Details: http://www.mapinc.org/media/286
Author: Shannon Kari
Bookmark: http://www.mapinc.org/find?236 (Corruption - Outside U.S.)

ONTARIO APPEALS DRUG SQUAD RULING

Stay Of Charges; Attorney-General Cites Legal Errors By Trial Judge

The Ontario government is appealing a court ruling that stayed all 
charges against six former Toronto drug squad officers because of 
unreasonable delay by the Crown, following what has been described as 
the largest police corruption investigation in Canadian history.

Superior Court Justice Ian Nordheimer made 18 legal errors when he 
stayed the charges, the Ministry of the Attorney-General argues in a 
Notice of Appeal filed yesterday.

"The trial judge seriously misapprehended the relevant facts and 
misapplied the relevant legal principles in his analysis," states the 
Crown in the appeal document.

The Crown is asking the Ontario Court of Appeal to overturn the 
ruling and allow it to go ahead with its prosecution of the six 
officers, who were facing more than 30 corruption-related charges.

John Schertzer and five of his former drug squad colleagues were 
charged in January, 2004, following a multi-million-dollar internal 
investigation that was headed by a senior RCMP officer.

The initial investigation of allegations that Toronto police officers 
were assaulting alleged drug dealers during raids and stealing money 
and narcotics, began in 1998.

Federal prosecutors stayed or dismissed charges in more than 200 
cases between 1996 and 2002 as a result of the allegations.

JudgeNordheimer's ruling was extremely critical of the Crown because 
the trial of the six officers was scheduled to begin this month, more 
thanfour years after charges werefiled.

"No explanation for the glacial progress of this prosecution has been 
offered," said Judge Nordheimer inhis Jan. 31 ruling.

The appeal filed by the Crown disputes this conclusion. "There was 
ample evidence of the complexity of disclosure," it argues. The judge 
made "serious and palpable error regarding the size, complexity

and inherent requirements of the case," states the Crown.

The staying of the charges led to calls from Ontario opposition 
parties and defence lawyers who initially made the corruption 
allegations for an independent inquiry.

"We are not ruling that out, we are not ruling that in," Ontario 
Premier Dalton Mc-Guinty said this week when asked about an inquiry.

The appeal, though, is almost certain to delay any possible inquiry, 
because the officers could still face a trial.

Peter Kormos, NDP justice critic in Ontario, said the filing of an 
appeal is a "political dodge" by the Liberal government to avoid 
publicaccountability.

"The refrain now will be the matter is before the courts," said Mr. Kormos.

The notice of appeal was filed only eight days after the ruling by 
Judge Nordheimer, which is unusually quick. The Crown normally does 
not file its appeal until close to the 30-day deadline, especially in 
high-profile and lengthy prosecutions.

The appeal was expected because the Crown's conduct was criticized 
directly by Judge Nordheimer, said a source familiar with the 
prosecution. The Crown will be asking the Court of Appeal to blunt 
some of the criticism, even if it does not win the appeal, suggested 
the source.

An appeal is likely to be heard in the fall of 2009.
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MAP posted-by: Jay Bergstrom