Pubdate: Thur, 16 Dec 1999 Source: Toronto Star (CN ON) Copyright: 1999, The Toronto Star Contact: http://www.thestar.com/ Authors: Jim Rankin and John Duncanson, Staff Reporters DRUG CASES IN TROUBLE, LAWYERS SAY Stayed Charges Linked To Probe Of Police Officers A number of cases involving members of a troubled Toronto police drug squad have been dropped recently and more are in jeopardy, defence lawyers say. During the past few weeks, crown attorneys have stayed proceedings in several narcotics cases with little explanation, but there is a growing sense it all stems from the controversy surrounding the now-disbanded central field command drug squad, lawyers say. On Monday alone, three cases involving large amounts of cocaine and heroin were stayed by federal drug prosecutors, which means they have one year to start up legal proceedings again. Six drug squad officers are currently under the scrutiny of the province's civilian police watchdog agency. They have been temporarily reassigned to other units. Last year, a Toronto police complaint investigator found that two men suspected by the squad of dealing drugs had been unjustly detained, strip-searched and had their homes searched in October, 1997, without police obtaining a warrant. Detective William Nelson found that charges of discreditable conduct were warranted against Detectives John Schertzer and Ned Maodus, and Detective Constables Jonathan Reid, Gregory Forestall, Joseph Miched and Steve Correia. The two detained men were released without charge. One of them, Memis Sipar, launched a formal complaint, which led to the police investigator's findings. "The very essence of fundamental justice was denied" to the men, Nelson wrote in his "investigator's opinion," a summary of his probe into Sipar's complaint. A police force adjudicator never heard that evidence. He dismissed the complaint on a time-limit technicality. The Ontario Civilian Commission on Police Services is in the process of reviewing the case. Earlier this month, the commission quashed a bid by the officers' lawyer to end the complaint. Monday's three stayed cases, being heard in three different courtrooms, involved links to the central field command drug squad * At old city hall, a federal prosecutor stayed charges against Silvio Scaduto, who was represented by Toronto lawyer Clayton Ruby. It was a major heroin trafficking case involving three-quarters of a kilogram of the illicit narcotic. The crown dropped the charges after Madam Justice Rebecca Shaimi of the Ontario Court of Justice refused to give prosecutors an adjournment so they could have more time to deal with a disclosure issue involving the now-disbanded downtown drug squad. * In another Ontario courtroom, the crown stayed drug charges against Edgar Whyte and Clifford Robinson. The case involved 1.2 kilograms of cocaine allegedly found in a car at a business address. Again the crown stayed the charges after raising unspecified disclosure issues in court. The arrest involved some of the same downtown-based drug squad officers mired in controversy. * Over at the Superior Court of Justice on University Ave., charges of cocaine trafficking and possession of 85 grams of powder cocaine for the purpose of trafficking against two men were stayed just as their trial began. The crown attorney gave no reasons for the move. The case involves four officers from the drug squad Schertzer, Maodus, Reid and Correia. Lawyer Lorne Sabsay, who represented one of the accused men in that case, said he had asked the crown for disclosure on any investigations into the officers and was told a few days before the trial that the charges would be stayed. Again, no reasons were given. Sabsay said he believes the crown is not willing to proceed with cases involving certain officers attached to the drug squad because of ongoing investigations, particularly the civilian review of the Sipar complaint. "I think what's going on here is the department, until the smoke clears on these officers, I think that they are not proceeding with any charges that involve only a certain (number) of these officers," said Sabsay. "I think that the prosecution realizes that there's a potentially extremely embarrassing set of circumstances that are coming to light." A spokesperson for Toronto police would not comment when contacted by The Star. - --- MAP posted-by: allan wilkinson