CHIEF'S REPORT LED TO CHARGES

Confidential Document Persuades Police Board To Approve Proceedings
Against 11 Former Drug-Squad Cops

A "confidential" report by Chief Bill Blair persuaded the Toronto
Police Services Board to unanimously approve 91 discipline charges
against 11 ex-drug officers, court documents show.

Blair's report, contained in a divisional court file, lists allegations that:

- - Drugs were given to informants.

- - The spending habits of a couple of police officers were "consistent
with the allegations of theft."

- - A potential witness had "a threatening telephone call."

- - A "slush fund" was kept for "food and entertainment."

The lion's share of the Police Services Act charges -- multiple
allegations of corrupt practice, deceit and discreditable conduct --
are said to have occurred in a drug squad unit between 1995 and 1999.
None of the allegations has been proven in court and police union
lawyers have vigorously asserted their clients' innocence.

Noting that the allegations are from between seven and 11 years ago
and were investigated for almost as many years, police union lawyers
have sought a judicial review in divisional court, arguing the
charges should be quashed and not laid again.

The lawyers assert the board "erred in law" and "exceeded its
jurisdiction" in June when it accepted Blair's argument that the
delay in laying charges was "reasonable."

Delayed Charges

"How can anyone assert that delaying (the charges) against these
subject officers at a minimum of six years and at a maximum of 11
years is reasonable?" lawyer Joanne Mulcahy told the board prior to
its acceptance of Blair's request.

Five of the 11 cops already face trial on criminal charges, some of
which parallel the new internal allegations.

Suspended officers Staff Sgt. John Schertzer and Consts. Steve
Correia, Raymond Pollard, Ned Maodus and Rick Benoit were ordered to
trial on criminal charges this spring after a five-month preliminary hearing.

A sixth ex-drug cop who also faces criminal charges, Joe Miched, has
quit the force and is no longer subject to the police act.

The criminal charges involve allegations of cops conspiring to
obstruct justice by falsifying notes, affidavits and memo books
during drug searches and seizures. There are also allegations of
thefts of drugs and cash and an in-custody beating.

When sending the six to trial, Justice James Blacklock noted that
prosecutors have "credibility" issues with a "significant number" of witnesses.

Maodus also faces separate criminal charges -- including sexual
assault, drug possession and procuring the services of a prostitute
- -- in four separate off-duty cases.

Documents filed in divisional court show that Schertzer now faces 21
police act charges, Correia 14, Pollard 13, Benoit two, and Maodus 19.

Ex-drug cops Greg Forestall, Christopher Higgins, Jason Kondo, Sean
McGuinness, Jonathan Reid and Mike Turnbull also face new internal charges.

Forestall, Kondo, Reid and Turnbull were named as "unindicted
co-conspirators" in the criminal case, but allegations against the
four were not part of the preliminary hearing.

Served In Late 1990S

All 11 cops -- and the retired Miched -- served with Schertzer in the
Toronto Police Central Field Command drug squad Team 3 in the late 1990s.

Schertzer's unit was the focus of a three-year, RCMP-led probe that
climaxed with the criminal charges on Jan. 7, 2004.

Until now, it appeared that any internal charges had disappeared into
a black hole.

The Police Services Act states chiefs need approval from their police
board if internal charges are sought more than six months after the
allegations come to light.

Documents filed in the judicial review reveal that the board gave its
unanimous approval to Blair's bid to lay internal charges.

"We are all of the view (the delay) was not unreasonable and that
charges must be laid forthwith," the board concluded at a closed-door
meeting June 15, documents show.

In a "confidential report" of March 7 -- also part of the judicial
review submissions -- Blair attributed the years of delays to four
separate internal probes and audits that developed on an "ongoing" basis.

Detailing the massive Mountie-led, 35-man probe led by RCMP Staff
Supt. John Neily, Blair said it was crucial that the Neily team kept
focused on criminal matters for "a variety of legal and tactical reasons."

Blair said the subject officers were always aware that they were
under suspicion for police act breaches and "none of the officers
have faced any prejudice as a result of the delay."

Blair's report contains numerous new allegations, including:

- - Some confidential informants received drugs from cops in exchange
for information.

- - An account ledger showing "withdrawals for food and entertainment,
personal items and payments to confidential informers" was found in
the search of Maodus' home.

Cash-Flow Analysis

- - A financial cash-flow analysis of banking records alleges
"significant differences" in the spending habits of Schertzer and
Miched following their removal form the drug squad.

- - It is claimed that transactions were "consistent with the
allegations of theft" being probed by the RCMP-led task force.

In a May 29 letter sent to the board prior to its ruling, Mulcahy --
acting for Schertzer, Correia, Pollard, Benoit and Maodus -- said
granting Blair's application "would make a mockery" of the police act
principles.

"The delays in this case can only be described as excessive,
unreasonable, inordinate and abusive," she wrote.

Mulcahy argued the five cops "all have exemplary records" and earned
many "awards and commendations" for their "hard work, investigative
abilities, bravery and integrity."

She wrote: "What is asserted as fact cannot be taken as anything more
than untested allegations ... many have already been contested in the
course of the criminal proceedings and been proven to be false."

The allegations, she said, come from "persons with significant
criminal records, admitted liars, persons with discreditable pasts,
persons with significant animus against the police and persons with
significant financial motives."

'Speculation'

She added that the findings of the financial review are "based on speculation."

The cops have been subject to gossip, innuendo, false allegations,
meanness, embarrassment and humiliation, she wrote.

For Turnbull, Reid, Forestall, McGuinness, Kondo and Higgins, lawyer
Frank Addario wrote that five years of delays and a failure to
disclose the case is a "breach of natural justice."

Noting that criminal charges were laid Jan. 7, 2004, Addario asked
why it took another 28 months to lay internal charges.

Toronto Police has already been rocked by former task force
investigator Sgt. Jim Cassells' demand for a public inquiry into the
way the police force investigates itself.

Cassells, a 29-year veteran, asserted in the spring that "numerous"
allegations of police wrongdoing have been swept under the carpet,
minimized, only partially probed, or else fell by the wayside amid
interference from some senior officers.

Cassells faces police act charges for talking with the media.

Blair ordered a "procedural review" of Cassell's allegations.

Police Act Charges Filed By Chief Bill Blair Against 11 Former
Toronto Drug Cops

Chief Bill Blair last month gained Toronto Police Services Board
approval to charge 11 former drug cops with 91 internal charges under
the Police Services Act. The charges relate to allegations between
1995 and 2002.

- - Staff Sgt. John Schertzer: Corrupt practice -- three counts, deceit
(11), discreditable conduct (7).

- - Const. Steve Correia: Corrupt practice (2), deceit (8),
discreditable conduct (4).

- - Const. Ray Pollard: Corrupt practice, deceit (7), discreditable conduct (5).

- - Const. Rick Benoit: Corrupt practice, discreditable conduct.

- - Const. Ned Maodus: Deceit (8), discreditable conduct (10), insubordination.

- - Const. Mike Turnbull: Deceit, discreditable conduct.

- - Const. Jon Reid: Deceit (2), discreditable conduct (2).

- - Det. Jason Kondo: Deceit (4), discreditable conduct (4).

- - Const. Greg Forestall: Deceit (4), discreditable conduct (2).

- - Const. Sean McGuinness: Corrupt practice.

- - Det. Chris Higgins: Corrupt practice