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News (Media Awareness Project) - CN ON: Drug Officers' Cases Stayed
Title:CN ON: Drug Officers' Cases Stayed
Published On:1999-12-16
Source:Toronto Sun (CN ON)
Fetched On:2008-09-05 13:07:09
DRUG OFFICERS' CASES STAYED

Beefs Lodged Against Unit from 'All Over the Map'

The federal Crown office in Toronto has been instructed to stay any drug
charges in cases where specific officers are witnesses, a justice department
source said yesterday.

At least 10 prosecutions have been stayed since the directive was issued
last week by a senior official of the Ontario regional federal criminal
prosecutors section, the source estimated.

Meanwhile, a criminal attorney said it's believed Toronto Police internal
affairs is looking into the central field command drug unit over complaints
lodged from "all over the map.

"The allegations are of physical violence, manipulation of evidence, theft
of monies."

But police sources said the internal affairs investigation, including
allegations of missing seized monies, has stalled because of credibility
problems with the accusers.

Toronto Police Association President Craig Bromell said although he doesn't
know what the allegations are, the fact no one has been charged by internal
affairs reflects the quality of the evidence.

"No one has been charged and the sources are a few drug-dealing criminals,"
Bromell said. "It's a smear campaign against our officers."

The justice source said prosecutors have been told to stay charges if the
case involves integral witness testimony by five specific police officers.
If these officers are fringe witnesses in a case, the Crown is to seek an
adjournment, the source said.

"The Crowns are not there to protect the police but rather to ensure the
administration of justice is best served pending future events," the source
said.

Defence lawyer Dirk Derstine said he was not aware of any one case that was
stayed by the prosecution because of "any misconduct by an officer. However,
it is a matter of comment that a substantial number of cases involving these
officers are being stayed ... There are stays happening in matters where
these officers are concerned.

"In fairness, they never say it's because of these officers, but it's been a
matter of discussion among defence lawyers that a number of cases involving
certain officers are being stayed," Derstine said.

He said his client had three-year-old drug and firearms charges stayed
Tuesday after Justice Lucien Beaulieu reviewed police disciplinary records.

Lawyers representing seven men in a heroin trafficking case were shocked
when charges against their clients were suddenly stayed last month.

One of the lawyers, James Silver, said the Crown hastily asked for a stay as
he examined Det.-Const. Anita Mancuso two days into the three-week
preliminary hearing. "I was questioning her how drugs and money are handled
when they come into the drug squad," he said yesterday.

The next day, Nov. 30, Crown attorney Robin Parker asked for the charges to
be stayed, saying only it involved the "nature and tone" of the questions
put to Mancuso, Silver said.

Meanwhile, Bromell said he stands behind the officers, adding they've been
provided with legal advice."These guys are outstanding officers," he said.
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