FIRED COP SUES FOR $5M

Former Drug Officer -- and Addict-- Alleges Brass Wanted to Make Example of Him

A former Toronto drug cop, who resigned this summer after he was
fired and then rehired, is seeking $5 million in damages.

In a lawsuit filed recently, Rob Kelly, 39, seeks $3 million in
damages from the Toronto Police Services, former chief Julian Fantino
and Supt. Tony Warr for "malicious prosecution" over his cocaine use.

Kelly seeks another $2 million from the Toronto Police Services board
for its alleged failure to adequately train, place and supervise him
and enact a substance abuse program for vulnerable drug cops.

In his statement of claim, which contains allegations that have not
been proven in court, Kelly asserts that Warr's failure to accept a
plea deal that would have kept Kelly on the force was "patently unreasonable."

Warr ordered Kelly to either resign or be fired at the police
tribunal sentencing on Sept. 30, 2004.

The sentence overturned a deal between Kelly's lawyer, Peter Brauti,
and prosecutor Insp. George Cowley.

In a joint submission, Brauti and Cowley agreed that Kelly would
plead guilty to misconduct for cocaine possession in exchange for a
"last chance" to keep his job.

Earlier in 2004, Kelly -- a popular, respected and heroic cop of 17
years -- pleaded guilty in Brampton court to criminal charges of
cocaine possession and received a suspended sentence.

Kelly admitted he supplied an informant with a small amount of
cocaine and was himself addicted.

He appealed his firing before the Ontario Civilian Commission on
Policing Services (OCCOPS), which ruled that the firing was
"unreasonable" and ordered his reinstatement.

'GETTING TOUGH'

Warr's sentence, and Fantino's subsequent decision to appeal the
OCCOPS decision at divisional court, were made "for no other reason"
than to make an example of Kelly and to make it appear top brass were
"getting tough" with drug squad cops, the claim alleges.

Both Fantino and Warr "misused" and/or "abused" the police
disciplinary process and the court system, Kelly alleges: "They did
so intentionally, maliciously and with disregard to the devastating impact."

The police board, Kelly alleges, failed to take any reasonable steps
to monitor his performance and demeanour. If it had done so, he
alleges in his statement of claim, it would have "readily identified
his problems."

Kelly now works in real estate.