DRUG SQUAD CASE TAKEN TO TOP COURT

Five Former Officers Want New Trial Rejected

Five former Toronto drug squad officers are asking the Supreme Court
of Canada to overturn a ruling that forces them back to trial on
police corruption charges.

Lawyers for John Schertzer, Steven Correia, Joseph Miched, Ned Maodus
and Raymond Pollard want the country's highest court to overturn a
decision issued last October, in which Ontario's Court of Appeal
rejected a lower-court ruling that their right to a fair trial had
been infringed by delays.

The five are alleged to have falsified notes, robbed and beaten drug
dealers, and conducted illegal searches between 1997 and 2002.

Peter Brauti, lawyer for Miched, said it might be four months before
the Supreme Court rules on whether it will hear their appeal.

"We're seeing the process right through to the end," Brauti said.

In documents filed with the Supreme Court, the five former officers
argue the three appeal court judges made several legal errors.

For instance, they say, the judges failed to give due deference to
the conclusions of Superior Court Justice Ian Nordheimer, who stayed
the charges against the officers in January 2008, ruling their right
to a timely trial had been breached by the "glacial" pace it took the
Crown to disclose mountains of evidence.

The appeal judges overturned his ruling for five of the former drug
squad officers, while upholding it for a sixth, Richard Benoit.

The officers also argue the appeal court was wrong in holding that 52
of the 56 months of delays were inherent time requirements.

As well, they say the court erred in failing to blame the Crown for
the time needed by the defence to seek redress for a lack of timely disclosure.

Their case is one of two major police corruption trials recently
tossed out over alleged delays.

On Dec. 7, charges were stayed against Const. George Kouroudis and
former constables William McCormack Jr. and Rick McIntosh. The Crown
is not appealing.