Pubdate: Mon, 06 Feb 2012
Source: Toronto Star (CN ON)
Copyright: 2012 The Toronto Star
Contact:  http://www.thestar.com/
Details: http://www.mapinc.org/media/456
Author: Peter Small

DRUG DEALER AGREED NOT TO SUE POLICE, COURT TOLD

A former senior Crown attorney says he had no idea a marijuana 
dealer, as part of a plea bargain, had signed a document releasing 
drug squad officers who allegedly beat him from any liability for his injuries.

Kofi Barnes, now a provincial court judge, was the Crown who 
supervised 10 federal prosecutors at Old City Hall, including 
Beverley Olesko, who took Christopher Quigley's June 3, 1998, guilty plea.

According to an agreed statement of facts read into the record at a 
police corruption trial Monday the release "was neither shown to nor 
brought to the attention of Mr. Barnes, Ms. Olesko or any other 
(Department of Justice) prosecutor."

Quigley, 46, has testified that on April 30 and May 1, 1998, drug 
squad officers Richard Benoit and Ned Maodus -- supervised by their 
boss, Det. John Schertzer -- viciously kicked, punched and choked him 
to unconsciousness as they demanded where he kept his drugs and money.

He was treated in hospital for his injuries, but was charged with 
assaulting police, as well as possession of marijuana for the 
purposes of trafficking, possession of marijuana, and proceeds of crime.

But he was able to plead guilty to just one pot possession count, 
paying a $1,000 fine.

Before he pleaded guilty, however, he signed the document releasing 
Toronto police and any of its officers, including Benoit and Maodus, 
for any liability for injuries he sustained at the time of arrest.

His lawyer at the time, Bruce Olmsted, told him it was the best deal 
he could get and the only way he could get back property -- and 
$54,000 cash -- police seized from him, Quigley has testified.

Schertzer, 54, Maodus, 48, Steven Correia, 44, Raymond Pollard, 47, 
and Joseph Miched, 53, collectively face 29 charges, including 
attempt to obstruct justice, perjury, assault and extortion.

The trial continues.
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