COP COMPLAINTS FUTILE EXERCISE?

Lawyers See Failure To Prosecute As Troubling

The failed prosecution of the Toronto Police drug squad corruption
charges has raised questions about the impartiality of the Crown and
has had a "chilling effect" on police complaints, Ontario criminal
lawyers say.

Edward Sapiano, one of the original nine lawyers who blew the whistle
on police wrongdoing, said there is a broad perception that laying a
complaint against a cop is a waste of time.

"Am I suggesting the attorney general deliberately threw this case?
Let me point out that the law, that we are all subject to, allows
that one can infer a person intends the natural consequences of their
actions," Sapiano said.

SEPARATION NEEDED

Peter Zaduk, of the Ontario Criminal Lawyers Association, said this
case is a prime example of why a separate investigation and
prosecution arm is needed to deal with allegations against police
officers.

"The Ontario Criminal Lawyers Association is particularly concerned
on the chilling effect on legitimate complainants of police abuse in
light of this sorry spectacle, this giant prosecution, lumbering to
a fall after 10 years," Zaduk said. "What message does that send to
someone who has a legitimate complaint about the police to come
forward and pursue it. It has to be chilling; it has to be a
significant deterrent."

Justice Ian Nordheimer threw out corruption charges against six
officers after finding that the "glacial" pace of the prosecution
caused an unreasonable delay in the trial.

Sapiano and Zaduk believe the government's appeal of Nordheimer's
decision is likely to fail and are calling for a full, independent
public inquiry.

Sapiano said he personally believes that there was a politically
motivated reason for the appeal, which delays a public inquiry.

Attorney General Chris Bentley said yesterday that from the crown's
perspective, the appeal will move as quickly as possible.

In the meantime, Bentley said he will be implementing changes that
will help large, complex cases move with more ease through the
justice system.

NDP Justice Critic Peter Kormos said this case has raised serious
questions that only a transparent and independent review can answer.

CONCERNS WILL INCREASE

"The concerns in the communities across the province about the
attorney general's mishandling of this prosecution are not only not
going to go away, they're going to compound every day that the
government doesn't call a public inquiry," Kormos said.

Conservative Leader John Tory said he hopes that the appeal is not
based on political expediency.

"There's no reason we can't get on with studying the absolute fiasco
and train wreck that is the justice system today." Tory said.