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News (Media Awareness Project) - CN ON: How Lengthy Probe Unfolded
Title:CN ON: How Lengthy Probe Unfolded
Published On:2008-02-01
Source:Toronto Star (CN ON)
Fetched On:2008-02-04 01:19:13
HOW LENGTHY PROBE UNFOLDED

The Investigation Began With A Tip From An Informant.

The Central Field Command drug squad moved in, arrested, detained and
strip-searched two men. While in jail, officers searched two
addresses without obtaining a warrant.

Once released later that day - without charges - one man filed a
formal complaint.

That complaint began a seven-year investigation and four years of
court proceedings that ended yesterday when a judge stayed all
charges against six police officers.

When Toronto police officers John Schertzer, Steve Correia, Ned
Maodus, Joseph Miched, Raymond Pollard and Richard Benoit were
charged criminally in January 2004, it was the longest and costliest
investigation into alleged corruption in the Toronto force to date.

The team of officers worked together investigating drug cases, but
the massive probe, led by then RCMP Chief Supt. John Neily, revealed
allegations of bogus search warrants, falsified internal police
documents and fabricated evidence.

Senior police lawyers called the allegations "shocking" and
"stunning," referring to the charged men as "seasoned officers" with
"unblemished careers."

Drug cases were put in jeopardy because of the allegations against
the police officers and many cases - some significant - were tossed
out of court.

The investigation - up until the point of the charges - cost about $3 million.

Yesterday, after more than a decade, all charges were stayed against
the officers.

October 1997

A team of Central Field Command drug squad officers arrest two men,
one of whom is Memis Sipar. While Sipar is in custody, police enter
two homes connected to them without obtaining search warrants. The
men are released the same day with no charges laid. Sipar, through
his lawyer, launches a formal complaint.

April 1998

A police complaints investigator finds charges of discreditable
conduct are warranted for overstepping authority in Sipar's arrest.
Detectives John Schertzer and Ned Maodus, and Detective Constables
Jonathon Reid, Joseph Miched and Steve Correia are charged under the
Police Act.

October 1998

The probe shuts down on the grounds that it took too long to notify
the officers they were subjects of disciplinary proceedings.

November 1998

Sipar appeals the ruling to the Ontario Civilian Commission on Police
Services. Then-Toronto police chief David Boothby later intervenes in
support of the appeal.

April 1999

Internal Affairs detectives begin investigating a complaint made by
defence lawyers who represent drug suspects who claim members of the
central drug squad illegally obtained search warrants and stole cash
and jewellery from them. At some unknown point, a force-wide audit of
money used to pay informants also begins.

June 1999

A federal prosecutor drops a case against an alleged drug trafficker
rather than disclose complaint files involving Toronto drug squad
officers. The judge has ordered the Crown to reveal complaints
against Schertzer, Reid, Miched, Correia, and two others.

October 1999

A routine audit of the force's Repeat Offender Program Enforcement
group (known as the ROPE squad) turns up discrepancies in the budget
for paying police informants - known as the "fink fund."

December 1999

The Ontario Civilian Commission on Police Services orders the Toronto
police to re-open the investigation of Sipar's complaint. Meanwhile,
many more criminal cases connected to the Central Field Command drug
squad are being stayed or dropped with little or no explanation.

April 2000

More than 130 charges of theft, fraud and breach of trust laid
against five officers from the ROPE squad.

November 2000

Police charge Central Field Command drug squad officers John
Schertzer, Jaroslaw Cieslik, Steve Correia, Sean McGuinness, Joseph
Miched, Raymond Pollard and Jonathan Reid. They are charged with
theft, fraud, forgery, uttering and breach of trust in connection
with allegations that police pocketed money from the fink fund.

July 2001

Police Chief Julian Fantino calls on RCMP Chief Supt. John Neily to
lead an investigation into allegations of perjury, theft and
corruption within the Toronto Police Service.

October 2001

A key prosecution witness in the fink fund case is charged with perjury.

November 2001

Charges dropped against three of five ROPE squad officers in the fink
fund case. But Neily's task force makes its first arrest - Det.
Const. Robert Kelly, a 12-year veteran member of the Northwest Field
Command drug squad, is charged with possession of a narcotic for the
purposes of trafficking.

March 2002

Toronto police Const. Ned Maodus is charged by Dufferin OPP with
assault, sexual assault, and firearms offences. He is suspended from
duty with pay.

February 2002

A Crown prosecutor stays charges against the eight drug squad
officers accused in the fink fund case on the grounds that proceeding
"may compromise an ongoing criminal investigation."

October 2002

The last two ROPE squad officers charged in the fink fund case are
exonerated, as a jury finds Det. Const. Gary Corbett and Det. Rod
Lawrence not guilty.

July 2002

Three officers cleared in the fink fund case launch lawsuits against
investigators, two police chiefs and provincial prosecutors.

January 2003

Eight Central Field Command drug squad officers charged in the fink
fund case file a lawsuit against Fantino, Neily and other officials.

June 2003

Robert Kelly pleads guilty to possessing 3.15 grams of cocaine.

Jan. 5, 2004

Ned Maodus is charged with possession of heroin and cocaine for the
purposes of trafficking and possession of ecstasy.

Jan. 7, 2004

Criminal charges laid against John Schertzer, Steve Correia, Ned
Maodus, Joseph Miched, Raymond Pollard and Richard Benoit. Four
others are named as "unindicted co-conspirators."

January 2004-December 2005

The Crown provides disclosure to the defence in stages over two
years. Defence lawyers make repeated complaints to the court about
the process, missing disclosure and late disclosure.

January 2006

Preliminary hearing begins. Throughout the hearing, defence lawyers
continue to complain about late and incomplete disclosure and express
concerns about the memories of witnesses because of the time that has
passed since the case began.

May 2006

Preliminary hearing judge delivers his decision on committal. Some
counts had been withdrawn by the Crown throughout the hearing. The
officers are committed to trial on several charges. All but Benoit
face one count of conspiracy to attempt to obstruct justice.
Additionally, Schertzer faces three counts of attempt to obstruct
justice, one count of perjury, one count of assault causing bodily
harm, one count of extortion and one count of theft over $5,000.
Correia faces additional charge.

September 2007

Pre-trial motions begin. Jury selection is anticipated for February
2008, with a trial completion date in August 2008.

January 2008

The judge hears an application by the defence requesting a stay of
all charges on the grounds that their right to a fair trial has been
violated because of excessive delays.

Jan. 31, 2008

The defence application is granted and all charges against all six
men are stayed.
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