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News (Media Awareness Project) - CN ON: Charges Stayed, But Drug-Squad Mystery Remains
Title:CN ON: Charges Stayed, But Drug-Squad Mystery Remains
Published On:2002-02-14
Source:National Post (Canada)
Fetched On:2008-08-31 03:42:45
CHARGES STAYED, BUT DRUG-SQUAD MYSTERY REMAINS

Toronto Officers Were Accused Of Stealing From 'Fink Fund'

TORONTO - A long-running investigation into allegations of corruption
within the Toronto Police force remains shrouded in mystery, despite the
surprise announcement yesterday that all criminal charges have been stayed
against eight officers.

The officers, all former members of the drug squad, had been charged with a
total of 75 theft-related offences in November, 2000. The charges involved
allegations that the officers stole relatively small amounts of money from
a "fink-fund" that was supposed to be used to pay informants.

The Department of Justice has also stayed or dropped about 130 drug
prosecutions in Toronto in the past two years, which is widely believed to
be because the officers were involved in the investigations.

"We are staying the proceedings against the eight accused because
proceeding with the charges may compromise an ongoing criminal
investigation," Crown prosecutor Rosella Cornaviera said yesterday in a
packed basement courtroom at Toronto's Old City Hall.

The Crown is allowed to resume a prosecution within one year of issuing a
stay or charges must be withdrawn.

But the decision to stay the fink-fund charges has only added to the
mystery surrounding the investigation into the Toronto police force.

"Somebody waved the wand and the charges went away," said Gary Clewley,
another lawyer for the officers.

The Ontario Ministry of the Attorney-General and the federal Department of
Justice declined to comment yesterday because of the ongoing investigation.

A statement released by Toronto Police said the eight officers "will remain
on non-frontline restricted duties," which do not include direct contact
with the public.

A source familiar with the investigation said a seven-month-old
investigation of the Toronto force, headed by RCMP Chief Superintendent
John Neily, will ultimately lead to more serious charges against some officers.

Supt. Neily was called in by Toronto Police Chief Julian Fantino last
summer to head the unit, which is made up of about 20 internal affairs
detectives.

At the time, Chief Fantino admitted the investigation included allegations
of perjury. A Department of Justice document made public last year
suggested there was evidence two of the officers lied about their use of an
informant as far back as a 1995 drug investigation.

So far, the Neily probe has resulted in cocaine trafficking charges against
one Toronto Police constable who is not connected to the fink-fund officers.

The initial allegations of corruption first surfaced nearly three years
ago, when a number of criminal lawyers wrote to the Internal Affairs
department of the Toronto police. The lawyers claimed some drug-squad
officers were stealing large amounts of money and jewellery from their
clients during police raids.

No charges were laid as a result of these accusations. But an internal
audit led to the fink-fund charges against the former drug squad members
and five other officers. Recently, all charges were withdrawn against three
of those officers and a number of the charges faced by their two colleagues
were also dropped.

The drug prosecutions affected as a result of the corruption allegations
have ranged from minor cases to a $50-million heroin seizure code-named
Project Pizza.
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