News (Media Awareness Project) - CN ON: Toronto Police Corruption Trial Finally Begins |
| Title: | CN ON: Toronto Police Corruption Trial Finally Begins |
| Published On: | 2012-01-13 |
| Source: | Toronto Star (CN ON) |
| Fetched On: | 2012-01-17 06:02:40 |
TORONTO POLICE CORRUPTION TRIAL FINALLY BEGINS
Eight years after they were charged and more than a decade after their
alleged offences, five former drug squad officers are finally to be
tried in Toronto's biggest police corruption case.
John Schertzer, Steven Correia, Ned Maodus, Joseph Miched and Raymond
Pollard - former members of the elite Team 3 of the Central Field
Command drug squad - begin their trial before a jury Monday.
The investigation has been called the largest of its kind in Canadian history.
The charges, laid in January 2004 against the various defendants,
include attempting to obstruct justice, perjury, assault and extortion
related to their work in the late 1990s.
Various combinations of officers are alleged to have falsified notes,
lied to the court, robbed drug dealers and conducted illegal searches
between 1997 and 2002.
The trial, presided over by Ontario Superior Court Justice Gladys
Pardu, is expected to last as long as six months.
A wide-ranging investigation into the case, launched in 2001 by former
Toronto police chief Julian Fantino, generated more than a million
pages of documents and took three years to complete.
The probe was conducted by a special task force headed by RCMP Chief
Supt. John Neily. It grew to include 26 senior Toronto police
investigators, five Mounties, and six civilian support staff working
out of a secret North York location.
In January 2004, with much fanfare and a blaze of publicity, the task
force charged the veteran officers.
But in January 2008, after a 45-day preliminary hearing and five
months of pre-trial motions, Ontario Superior Court Justice Ian
Nordheimer stayed the charges against the five men and a sixth
defendant, Richard Benoit, over what he called "glacial" delays.
The Crown appealed this ruling and in October 2009 it was overturned
by the Ontario Court of Appeal, which ordered a new trial for all
except Benoit.
The five defendants sought leave to appeal that decision to the
Supreme Court of Canada, but their request was denied.
Mike McCormack, head of the 7,500-member Toronto Police Association,
said in an interview that the case has been "dragging on" for 14 years
and he believes his members are looking forward to its end.
"It's already been thrown out once by a very respected judge and we're
hoping for a good conclusion to this."
He would not disclose whether the association is funding the officers'
defence. "That's a private matter between the association and its
members," he said.
At the time the officers were charged, the Toronto police force was
beset with growing questions about corruption within its ranks.
In a separate case in 2004, constables William McCormack Jr. - son of
a former Toronto police chief and Mike McCormack's brother - and Rick
McIntosh, then head of the police association, were charged with a
variety of offences stemming from allegations they were shaking down
Entertainment District bar owners.
Their charges and those of a third defendant were tossed out by a
judge on Dec. 7, 2009, also due to delays bringing the case to trial.
Public attention on possible police misconduct grew after April 1999,
when lawyer Edward Sapiano, backed by 10 other members of the defence
bar, complained clients frequently reported that members of the
central drug command had stolen their cash and jewelry.
Sapiano declined to comment earlier this week.
Clayton Ruby, one of the lawyers who backed Sapiano's complaint, is
critical of the delays in bringing the case to trial.
"I suppose it's a humiliation for the justice system to bring
allegations so slowly before the court."
The elite Team 3 of the central drug command - dubbed "Johnny's Boys"
after its leader, John Schertzer - was credited in the 1990s with
laying thousands of charges for drugs, weapons and proceeds of crime offences.
In later years, however, the Crown would stay or drop many criminal
cases investigated by the squad, with little or no explanation. The
team was disbanded in 1999.
The defendants, all of whom except Correia have left the police force,
had a total of more than 100 years on the force when charged.
THE ORIGINAL CHARGES:
Raymond Pollard: 47, a father of two. Shortlisted for promotion to
detective in 2000, but that was shelved because of the probe into the
drug squad. Retired in 2008, after more than 20 years. Charged with
conspiracy to attempt to obstruct justice, attempt to obstruct justice
and perjury.
Steven Correia: 44, suspended with pay from his job as detective
constable. When charged, had 17 years on the force. Charged with
conspiracy to attempt to obstruct justice, attempt to obstruct
justice, extortion, theft over $5,000 and perjury.
Richard Benoit: 41, accused of assault causing bodily harm and
extortion, but his charges were stayed in 2008. Left the force shortly
after. Not on trial.
Nebojsa (Ned) Moadus: 48, father of three. Had 15 years experience
when charged. A university graduate with degrees in sociology and
criminology. Force terminated his salary in May 2007 and he left
shortly after. Charged with conspiracy to attempt to obstruct justice,
attempt to obstruct justice, perjury, extortion and assault causing
bodily harm.
Joseph Miched: 53, retired in 2003 after 25 years and started work as
a car salesman. Has two adult children. charged with conspiracy to
attempt to obstruct justice, attempt to obstruct justice and perjury.
John Schertzer: 54, retired as a staff sergeant in 2007 after 29
years. Married to a Toronto detective. Charged with conspiracy to
attempt to obstruct justice, attempt to obstruct justice, perjury,
assault causing bodily harm, extortion and theft over $5,000.
A TIMELINE
1997: Toronto drug squad officers arrest two men and enter two homes
without search warrants. The following year, five drug squad officers
are charged with Police Act disciplinary infractions in relation to
one of the arrests, but they are dismissed on technical grounds.
1999: An investigation begins into allegations from 11 lawyers that
their clients were being beaten up and robbed by officers from Team 3
of the Central Field Command drug squad.
2001: Julian Fantino, then Toronto's police chief, calls on RCMP Chief
Supt. John Neily to lead a secretive 31-member task force to probe the
elite unit.
January 2004: Staff Sgt. John Schertzer and five colleagues are
charged with 40 counts of corruption ranging from perjury and theft to
extortion and assault, in what is described as the worst scandal ever
to hit the Toronto Police Service.
January 2008: After five months of pre-trial arguments, Ontario
Superior Court Justice Ian Nordheimer stays the charges against the
six defendants, ruling they aren't getting a fair trial because
proceedings are moving at a "glacial speed."
Oct. 28, 2009: The Court of Appeal for Ontario reverses Nordheimer's
ruling and orders a new trial for all except one of the six accused.
Jan. 16, 2012: The trial is set to begin before a jury.
Eight years after they were charged and more than a decade after their
alleged offences, five former drug squad officers are finally to be
tried in Toronto's biggest police corruption case.
John Schertzer, Steven Correia, Ned Maodus, Joseph Miched and Raymond
Pollard - former members of the elite Team 3 of the Central Field
Command drug squad - begin their trial before a jury Monday.
The investigation has been called the largest of its kind in Canadian history.
The charges, laid in January 2004 against the various defendants,
include attempting to obstruct justice, perjury, assault and extortion
related to their work in the late 1990s.
Various combinations of officers are alleged to have falsified notes,
lied to the court, robbed drug dealers and conducted illegal searches
between 1997 and 2002.
The trial, presided over by Ontario Superior Court Justice Gladys
Pardu, is expected to last as long as six months.
A wide-ranging investigation into the case, launched in 2001 by former
Toronto police chief Julian Fantino, generated more than a million
pages of documents and took three years to complete.
The probe was conducted by a special task force headed by RCMP Chief
Supt. John Neily. It grew to include 26 senior Toronto police
investigators, five Mounties, and six civilian support staff working
out of a secret North York location.
In January 2004, with much fanfare and a blaze of publicity, the task
force charged the veteran officers.
But in January 2008, after a 45-day preliminary hearing and five
months of pre-trial motions, Ontario Superior Court Justice Ian
Nordheimer stayed the charges against the five men and a sixth
defendant, Richard Benoit, over what he called "glacial" delays.
The Crown appealed this ruling and in October 2009 it was overturned
by the Ontario Court of Appeal, which ordered a new trial for all
except Benoit.
The five defendants sought leave to appeal that decision to the
Supreme Court of Canada, but their request was denied.
Mike McCormack, head of the 7,500-member Toronto Police Association,
said in an interview that the case has been "dragging on" for 14 years
and he believes his members are looking forward to its end.
"It's already been thrown out once by a very respected judge and we're
hoping for a good conclusion to this."
He would not disclose whether the association is funding the officers'
defence. "That's a private matter between the association and its
members," he said.
At the time the officers were charged, the Toronto police force was
beset with growing questions about corruption within its ranks.
In a separate case in 2004, constables William McCormack Jr. - son of
a former Toronto police chief and Mike McCormack's brother - and Rick
McIntosh, then head of the police association, were charged with a
variety of offences stemming from allegations they were shaking down
Entertainment District bar owners.
Their charges and those of a third defendant were tossed out by a
judge on Dec. 7, 2009, also due to delays bringing the case to trial.
Public attention on possible police misconduct grew after April 1999,
when lawyer Edward Sapiano, backed by 10 other members of the defence
bar, complained clients frequently reported that members of the
central drug command had stolen their cash and jewelry.
Sapiano declined to comment earlier this week.
Clayton Ruby, one of the lawyers who backed Sapiano's complaint, is
critical of the delays in bringing the case to trial.
"I suppose it's a humiliation for the justice system to bring
allegations so slowly before the court."
The elite Team 3 of the central drug command - dubbed "Johnny's Boys"
after its leader, John Schertzer - was credited in the 1990s with
laying thousands of charges for drugs, weapons and proceeds of crime offences.
In later years, however, the Crown would stay or drop many criminal
cases investigated by the squad, with little or no explanation. The
team was disbanded in 1999.
The defendants, all of whom except Correia have left the police force,
had a total of more than 100 years on the force when charged.
THE ORIGINAL CHARGES:
Raymond Pollard: 47, a father of two. Shortlisted for promotion to
detective in 2000, but that was shelved because of the probe into the
drug squad. Retired in 2008, after more than 20 years. Charged with
conspiracy to attempt to obstruct justice, attempt to obstruct justice
and perjury.
Steven Correia: 44, suspended with pay from his job as detective
constable. When charged, had 17 years on the force. Charged with
conspiracy to attempt to obstruct justice, attempt to obstruct
justice, extortion, theft over $5,000 and perjury.
Richard Benoit: 41, accused of assault causing bodily harm and
extortion, but his charges were stayed in 2008. Left the force shortly
after. Not on trial.
Nebojsa (Ned) Moadus: 48, father of three. Had 15 years experience
when charged. A university graduate with degrees in sociology and
criminology. Force terminated his salary in May 2007 and he left
shortly after. Charged with conspiracy to attempt to obstruct justice,
attempt to obstruct justice, perjury, extortion and assault causing
bodily harm.
Joseph Miched: 53, retired in 2003 after 25 years and started work as
a car salesman. Has two adult children. charged with conspiracy to
attempt to obstruct justice, attempt to obstruct justice and perjury.
John Schertzer: 54, retired as a staff sergeant in 2007 after 29
years. Married to a Toronto detective. Charged with conspiracy to
attempt to obstruct justice, attempt to obstruct justice, perjury,
assault causing bodily harm, extortion and theft over $5,000.
A TIMELINE
1997: Toronto drug squad officers arrest two men and enter two homes
without search warrants. The following year, five drug squad officers
are charged with Police Act disciplinary infractions in relation to
one of the arrests, but they are dismissed on technical grounds.
1999: An investigation begins into allegations from 11 lawyers that
their clients were being beaten up and robbed by officers from Team 3
of the Central Field Command drug squad.
2001: Julian Fantino, then Toronto's police chief, calls on RCMP Chief
Supt. John Neily to lead a secretive 31-member task force to probe the
elite unit.
January 2004: Staff Sgt. John Schertzer and five colleagues are
charged with 40 counts of corruption ranging from perjury and theft to
extortion and assault, in what is described as the worst scandal ever
to hit the Toronto Police Service.
January 2008: After five months of pre-trial arguments, Ontario
Superior Court Justice Ian Nordheimer stays the charges against the
six defendants, ruling they aren't getting a fair trial because
proceedings are moving at a "glacial speed."
Oct. 28, 2009: The Court of Appeal for Ontario reverses Nordheimer's
ruling and orders a new trial for all except one of the six accused.
Jan. 16, 2012: The trial is set to begin before a jury.
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