News (Media Awareness Project) - CN ON: Lawyer Demands Answers On Police Conduct |
Title: | CN ON: Lawyer Demands Answers On Police Conduct |
Published On: | 2006-05-12 |
Source: | Globe and Mail (Canada) |
Fetched On: | 2008-01-14 05:19:17 |
LAWYER DEMANDS ANSWERS ON POLICE CONDUCT
Says Officer Must Explain Allegations
A senior Toronto officer who probed allegations of corruption that
led to criminal charges against six colleagues has "a duty" to
disclose police wrongdoings that he alleges have been covered up, a
lawyer for one of the accused says.
Sergeant Jim Cassells, who has been on the force for 29 years with an
unblemished record, was quoted last week as saying he is committed to
telling "the truth" about Toronto Police wrongdoings that may be
painful and have been "swept under the carpet."
His comments suggest there may have been other officers, and possibly
senior commanders, involved in the corruption case, which is before the courts.
"Certain things are going to come out," Sgt. Cassells's lawyer, Leo
Kinahan, said yesterday. He would not comment further.
Staff Superintendent Tony Corrie, head of the Toronto Police
professional-standards unit, said yesterday that "it is possible"
Sgt. Cassells's information is relevant to the probe of the
now-disbanded central field command drug squad.
He anticipates a more complete disclosure of information from Sgt.
Cassells "very shortly," he said.
So far nobody -- not Sgt. Cassells, his lawyer, or Toronto Police
Services representatives -- has saidpublicly what his allegations are.
Sgt. Cassells made his first appearance before a police services
tribunal yesterday. He faces one count of misconduct for talking to a
reporter in November of 2005 about an investigation that was in
progress. He's also being investigated on two charges of
insubordination and breach of confidence, but has not been charged.
The notice outlining the misconduct charge does not specify what
information was allegedly leaked last November to Toronto Star
reporter John Duncanson.
Sgt. Cassells was part of an RCMP-led task force that investigated
corruption within the Toronto Police Service, leading to six drug
squad officers being charged with extortion, perjury and assault in 2004.
Pretrial motions have been completed, and a judge is expected to rule
on May 29 whether the case goes to trial.
Peter Brauti, a lawyer for retired constable Joe Miched, one of the
six officers charged, said the comments have left him "concerned."
"The report suggests that there may have been misconduct at high
levels in the organization, which are the very levels in which
decisions are made," he said.
That information could assist the defence, he said.
"If [Sgt. Cassells] does have it, he's got a duty to provide it to
us," Mr. Brauti said.
Staff Supt. Corrie said that if Sgt. Cassells's information is
relevant to the drug-squad investigation, he will have to notify the
Crown, which will then tell defence lawyers.
Sgt. Cassells's lawyer said yesterday that he has not been approached
by any other lawyers in the case.
He would not confirm whether Sgt. Cassells was alluding to the
drug-squad investigation when he spoke out last week. He would say
only that his client was speaking out against wrongdoings he felt had
not been adequately addressed.
Mr. Kinahan wants an independent party to rule on the hearing into
the misconduct charge. "For the issue of transparency it just makes
sense to have somebody who is completely independent of Sgt. Cassells
and the Toronto Police Service hearing the matter," he said.
Staff Supt. Corrie said the police want to address Sgt. Cassells's
concerns. "If he's concerned that this organization has not totally
investigated a matter that should be treated very seriously, then
we're very interested to hear from him on that," he said. "We have
ensured him that we want to thoroughly investigate all of his concerns."
Sgt. Cassells's next appearance at his hearing is scheduled for June
21. He is continuing his regular duties as a supervisor at traffic services.
Says Officer Must Explain Allegations
A senior Toronto officer who probed allegations of corruption that
led to criminal charges against six colleagues has "a duty" to
disclose police wrongdoings that he alleges have been covered up, a
lawyer for one of the accused says.
Sergeant Jim Cassells, who has been on the force for 29 years with an
unblemished record, was quoted last week as saying he is committed to
telling "the truth" about Toronto Police wrongdoings that may be
painful and have been "swept under the carpet."
His comments suggest there may have been other officers, and possibly
senior commanders, involved in the corruption case, which is before the courts.
"Certain things are going to come out," Sgt. Cassells's lawyer, Leo
Kinahan, said yesterday. He would not comment further.
Staff Superintendent Tony Corrie, head of the Toronto Police
professional-standards unit, said yesterday that "it is possible"
Sgt. Cassells's information is relevant to the probe of the
now-disbanded central field command drug squad.
He anticipates a more complete disclosure of information from Sgt.
Cassells "very shortly," he said.
So far nobody -- not Sgt. Cassells, his lawyer, or Toronto Police
Services representatives -- has saidpublicly what his allegations are.
Sgt. Cassells made his first appearance before a police services
tribunal yesterday. He faces one count of misconduct for talking to a
reporter in November of 2005 about an investigation that was in
progress. He's also being investigated on two charges of
insubordination and breach of confidence, but has not been charged.
The notice outlining the misconduct charge does not specify what
information was allegedly leaked last November to Toronto Star
reporter John Duncanson.
Sgt. Cassells was part of an RCMP-led task force that investigated
corruption within the Toronto Police Service, leading to six drug
squad officers being charged with extortion, perjury and assault in 2004.
Pretrial motions have been completed, and a judge is expected to rule
on May 29 whether the case goes to trial.
Peter Brauti, a lawyer for retired constable Joe Miched, one of the
six officers charged, said the comments have left him "concerned."
"The report suggests that there may have been misconduct at high
levels in the organization, which are the very levels in which
decisions are made," he said.
That information could assist the defence, he said.
"If [Sgt. Cassells] does have it, he's got a duty to provide it to
us," Mr. Brauti said.
Staff Supt. Corrie said that if Sgt. Cassells's information is
relevant to the drug-squad investigation, he will have to notify the
Crown, which will then tell defence lawyers.
Sgt. Cassells's lawyer said yesterday that he has not been approached
by any other lawyers in the case.
He would not confirm whether Sgt. Cassells was alluding to the
drug-squad investigation when he spoke out last week. He would say
only that his client was speaking out against wrongdoings he felt had
not been adequately addressed.
Mr. Kinahan wants an independent party to rule on the hearing into
the misconduct charge. "For the issue of transparency it just makes
sense to have somebody who is completely independent of Sgt. Cassells
and the Toronto Police Service hearing the matter," he said.
Staff Supt. Corrie said the police want to address Sgt. Cassells's
concerns. "If he's concerned that this organization has not totally
investigated a matter that should be treated very seriously, then
we're very interested to hear from him on that," he said. "We have
ensured him that we want to thoroughly investigate all of his concerns."
Sgt. Cassells's next appearance at his hearing is scheduled for June
21. He is continuing his regular duties as a supervisor at traffic services.
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