INQUIRY URGED OVER POLICE CORRUPTION CHARGES

Defence lawyers argue that Crown's appeal of judge's decision to stay
charges is doomed to fail

Attorney General Chris Bentley should dispense with the Crown's likely
futile appeal of the judge's decision to stay corruption charges
against six former Toronto Police Service drug squad officers and hold
a public inquiry into what went wrong with the prosecution, defence
lawyers say.

"Questions of what went wrong should be put to the attorney general by
the public and the attorney general is refusing those now on the basis
that the matter is still before the courts," defence lawyer Edward
Sapiano told a news conference today at the Ontario
legislature.

"The appeal conveniently affords the government the opportunity to
delay an accounting for its actions."

Last Friday, the Attorney General filed notice of an appeal, eight
days after Justice Ian Nordheimer ruled that the Crown's "glacial"
pace had inexplicably violated the rights of the accused to a speedy
trial.

His decision effectively ended the decade-long probe of Staff Sgt.
John Schertzer and Constables Richard Benoit, Steve Correia, Ned
Maodus, Joseph Miched and Raymond Pollard, enabling them to walk away
free from 30 charges of corruption.

The corruption charges were laid after more than 200 drug cases were
dropped by provincial prosecutors following allegations of extortion,
theft and assault by the policemen.

Several accused in those cases had filed civil cases alleging they had
been beaten and robbed by the drug squad officers.

The six police officers pleaded not guilty to the charges, which were
laid in 2004 after several years of investigations.

Sapiano, who helped trigger the investigation a decade ago, predicted
that Nordheimer's decision will be upheld because "it's a well
reasoned judgment that applies the law as it should."

Defence lawyer Peter Zaduk, representing the Ontario Criminal Lawyers
Association, agreed, saying the judgment is likely
"unassailable."

While there are certain judges who "tend to side with the police,"
Nordheimer is not one of them. "He's a scrupulously rigorous judge"
who is not afraid to "call police" on misconduct charges, he said.

Nor did the Crown persuasively argue that it had reason to justify the
delay, both said.

In the unlikely event an appeal is successful, a trial would happen
"12-13 years after the incidents arose . . . maybe we should just call
it a day and probably the broad principle of examining police
corruption is probably more important than pursuing these six officers
individually," Zaduk said.

The association, representing 1,000 criminal lawyers in the province,
is also concerned about the "chilling effect on legitimate
complainants of police abuse, whether in light of this sorry spectacle
of this giant prosecution lumbering to a fall after 10 years, what
messages does that send to someone who has a legitimate complaint
about the police to come forward."

Progressive Conservative Leader John Tory said he couldn't comment on
whether the Crown intentionally dragged its feet in the police
corruption case.

"But the very fact that allegation is circulating is a reason why we
need the public inquiry," Tory told reporters today.

"The way this entire thing has been handled is a fiasco. It undermines
confidence in the justice system. It puts the accused, frankly, in a
position where they're in limbo, too. They can't ever prove that
they're innocent or be found guilty and that's not fair."

The criminal charges that were stayed alleged the officers committed
perjury and falsified evidence to secure search warrants to facilitate
robbery, theft, and violence.

Sapiano maintains the "inference" is that the ministry allowed the
case to go off the rails and a full accounting is needed in order to
negate that.

He added the matter speaks to the need for an independent body to
handle the prosecutions of justice officials, including police, "so
you avoid this inherent conflict of interest."

NDP Leader Howard Hampton, a former attorney general, said he supports
that call and says it's long overdue.