DRUG SQUAD OFFICER CLEARED OF BREAKING SUSPECT'S ARM

TORONTO - A senior Toronto drug squad officer was acquitted yesterday of
assaulting a suspect in custody after a judge suggested it would be
dangerous not to accept the testimony of police.

Detective Chris Higgins embraced other officers who were in court to
support their colleague, after he was acquitted by provincial court justice
Bruce Young.

Det. Higgins was charged with assault causing bodily harm by the provincial
Special Investigations Unit after the left forearm of a 50-year-old drug
suspect was broken on April 1, 2004.

Gary Shuparski, a drug addict with a lengthy criminal record, accused Det.
Higgins of punching him and kicking his arm "like a football" in an
interview room at a downtown police station.

Three other people who had been arrested that night and were outside the
interview room testified that they heard Shuparski yell out that his arm
had been broken. Medical evidence presented at the trial said Shuparski's
injuries were consistent with his being kicked in the wrist area.

"The Crown made a valiant effort," said Mr. Young, who suggested that only
Shuparski and Det. Higgins know what really happened but "the benefit of
the doubt must go to an accused person."

"It is too dangerous to rely on the Crown's unsavoury witnesses,
particularly when an officer denies it," said Mr. Young.

The officer declined comment after the verdict, but his lawyer, Gary
Clewley, said his client was "happy" and received a fair trial.

The prosecution has 30 days to decide whether to appeal and Crown attorney
John McInnes said "we will study the judgment."

Det. Higgins remains a defendant in two unrelated civil suits, including
one in which he and his colleagues are accused of beating and robbing a
drug suspect.