DRUG SQUAD ROT GOES DEEPER, TASK FORCE SAYS

'Serious criminal activity': 17 Toronto officers suspected of theft,
affidavits reveal

TORONTO - Almost 20 Toronto drug squad officers were suspected of "serious
criminal activity" ranging from the sale of weapons and narcotics to the
theft of money, according to allegations contained in sworn affidavits made
public yesterday.

A special police internal task force had "reason to suspect" the officers
were also involved in the theft of drugs, numerous searches of homes without
warrants and a willingness to participate in money laundering, according to
the documents.

The affidavits reveal that more than 200 drug prosecutions, dozens more than
has been made public, may have been stayed in Toronto since 1996, because of
credibility problems with certain officers.

The allegations follow a 30-month investigation that resulted in six
officers being charged earlier this month.

The officers, all former members of the now disbanded Central Field Command
drug squad, face a total of 22 counts of assault, extortion, theft, perjury
and obstruction of justice related charges.

The ongoing findings of the internal investigation were outlined in six
affidavits filed by a senior Toronto detective and RCMP Chief Superintendent
John Neily, who was called in to lead the 31-member task force in August,
2001.

The affidavits had been sealed by the Court of Appeal and were linked to the
case of Simon Yeung, a convicted heroin trafficker, who was released from
prison in July, 2001, after serving 18 months of a 45-month sentence.

The Court of Appeal did not give its reasons for releasing Mr. Yeung at the
time because of fears that the drug-squad investigation might be
compromised.

However, the court requested updates, which were given in the form of the
affidavits.

Last week, when the officers were charged, the court was prepared to release
the documents but agreed to hear arguments from their lawyers and legal
representatives of officers named in the affidavits.

Yesterday, Earl Levy, the lawyer for the six charged officers, claimed they
would not receive a fair trial if the material was unsealed. However,
Justice David Doherty, one of a three-member panel, ordered the documents
unsealed.

"This isn't evidence. This is what the police say the results of the
investigation have yielded. Evidence is what you hear in court," said Judge
Doherty. "We are talking about the public's right to know about this
investigation and why it has lasted two and a half years."

According to the affidavits released yesterday, within a few months of the
creation of the task force, Chief Supt. Neily alleged that his probe had
uncovered "a pattern of misconduct," by the officers involved in the Yeung
case.

The affidavits say the internal affairs investigation suggested that a team
of officers led by Staff Sergeant John Schertzer may have committed perjury
and obstructed justice in the prosecution of Mr. Yeung, who was arrested in
April, 1998.

More than 1,100 charges in 286 drug investigations, were laid by members of
Staff Sgt. Schertzer's crew between January, 1997 and May, 1999. More than
80% of those charges were stayed or withdrawn by federal prosecutors before
going to trial and not as part of a plea bargain, according to the
affidavits.

"I don't know whether his [Supt. Neily's] figures are accurate," James
Leising, the director of criminal prosecutions (Ontario) for the federal
Justice Department, which is responsible for all drug prosecutions, said
last week after reviewing the affidavits.

By November, 2002, according to the affidavits, the task force said there
was "evidence of criminal activity" against 17 drug squad officers, which
included 27 allegations that police, "stole large amounts of cash from
targets of their drug investigations."

The task force investigation also alleged that it had reason to believe that
a second unit of drug squad officers may have been involved in stealing
nearly $500,000 while executing search warrants of bank safety deposit
boxes.

None of these officers has been charged.

The Justice Department has stayed prosecutions involving the second unit of
officers, but Mr. Leising insisted he was never informed by the task force
about its suspicions in this area.

The affidavits also contain allegations against Constable Ned Maodus, a
15-year veteran of the Toronto force who is scheduled to stand trial this
year on assault, sexual assault and weapons-related charges. He has also
been charged with assaulting another officer and various drug trafficking
offences in addition to corruption charges.

The task force reported that a "reliable" informant said Const. Maodus and
other officers were involved in the theft of weapons and drugs while
executing search warrants and then sold "drugs and in some cases, the
weapons, to other drug dealers for large quantities of cash."