UNION: FOLLOW UP ON SUGGESTED COP COVERUP

The head of Hamilton's rank and file wants Chief Glenn De Caire to
help "clear the air" after a judge suggested a possible coverup of
officer wrongdoing during a botched drug raid last year.

Mike Thomas, president of Hamilton's Police Association, said the
looming OPP investigation of the raid -- a review ordered by the chief
- -- could expand to include officer testimony from the trial of
Detective Constable Ryan Tocher.

Tocher, a member of a police SWAT team that mistakenly raided the home
of a Karen refugee last year, was found not guilty Thursday of assault
causing bodily harm. But in his decision, Ontario Court Justice Paul
Currie said the testimony of four police witnesses "raises the spectre
of a coverup."

Thomas said he and other officers are "devastated" by the judge's
words.

"It's hurtful to the officers involved, to all officers," said Thomas,
who added he thought the witness officers "co-operated fully" with the
Special Investigations Unit. "I didn't think it was necessary for the
judge to go down that avenue."

The association head said De Caire is "in a tough spot" and doesn't
want to be seen to influence an independent investigation -- or a
pending civil suit. But Thomas said he's hoping the chief will talk to
the rank and file about the judge's contentious words at the
"appropriate time."

He also suggested the OPP's Police Services Act investigation, which
ground to a halt during Tocher's criminal trial, "could very easily"
review the officers' conduct leading up to and during the trial.

Right now, the investigation is limited to the conduct of the officers
during the botched raid, said OPP Inspector Dave Ross. The scope of
the investigation can't be expanded without direction from Hamilton's
police chief, he said.

De Caire refused to answer questions about the judge's comments for a
second straight day on Friday.

Police spokesperson Sergeant Terri-lynn Collings said the chief's
written statement, issued Thursday, stood as his response. That
statement said De Caire was "cognizant" of the judge's words, but
didn't offer an opinion or possible plan of action related to the
suggestion of a police coverup.

The judge was likely trying to provoke a police reaction, said Allan
Hutchinson, a research professor at York University's Osgoode Hall Law
School.

"Most judges would be very aware in making that kind of statement ... I
would think they're trying to send out a strong message to others
within the police force that they'd like to see some followup,"
Hutchinson said Friday. "Presumably (the chief) has to sit up and
listen to that sort of comment."

Hamilton Mayor Bob Bratina, vice-chair of the police services board,
said it would be "really inappropriate to make comments on (the
judge's) comments" given the OPP review.

But he said the board will likely discuss the matter. "Our legal staff
would have to look at those comments," he said. "Is it evidence? Is it
a contempt citation? No. It's comments."

Fellow member Councillor Terry Whitehead said he can't speak for the
board. "But in light of the judge's comments ... I'll be asking the
chief for his views (on the allegations) at the next meeting."

The police board next meets Sept. 19, but it's not clear if a
discussion about a possible coverup would happen in open session.

Jenny Lam, a spokesperson for the Attorney General, said the Crown is
reviewing the judge's verdict to see if there is a legal basis for
appeal.