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News (Media Awareness Project) - CN ON: Former Drug Unit Boss Pleads Guilty On Police Act Charges
Title:CN ON: Former Drug Unit Boss Pleads Guilty On Police Act Charges
Published On:2004-10-09
Source:Oshawa This Week (CN ON)
Fetched On:2008-01-17 22:09:43
FORMER DRUG UNIT BOSS PLEADS GUILTY ON POLICE ACT CHARGES

Docked 40 Hours Pay for Misguided Attempt to Support Colleagues

OSHAWA The former head of the Durham Regional Police Drug Enforcement Unit
(DEU) has been docked 40 hours pay and issued a reprimand after pleading
guilty to insubordination and discreditable conduct.

Det. Tom Andrews, a 15-year veteran of the service, entered the pleas
Wednesday. The pleas and penalty were part of a deal worked out between the
police service and Det. Andrews and his lawyer, Bernie O'Brien. Both sides
adhered to a pledge not to comment beyond releasing an agreed statement of
facts that was read during a brief tribunal at police headquarters in Oshawa.

Staff Inspector Brian Fazackerley told tribunal officer Greg Connelly that
Det. Andrews had breached an order not to communicate with former members
of his squad after an investigation into allegations of criminal activity
was launched in February of 2003. He said Det. Andrews, who was moved to
the major fraud unit after the allegations surfaced, made contact with
three former members of his unit as they waited at 17 Division in Oshawa to
be interviewed by investigators in mid-April.

The act of discreditable conduct occurred in the early morning hours after
those interviews, when Det. Andrews followed and spoke to OPP investigators
as they drove to a nearby hotel at which they were staying, Staff Insp.
Fazackerley said. Det. Andrews was ordered in writing by Deputy-Chief Chuck
Mercier not to have any contact with DEU members.

He said that, while Det. Andrew's actions were the result of concern for
his colleagues, they were still in contravention of an order from police brass.

"Many were close personal friends from whom he was required to distance
himself over an extended period of time and during a period of disruption
and uncertainty for all concerned", said Staff Insp. Fazackerley, reading
from the agreed statement of facts.

As their former supervisor, Det. Andrews felt compelled to offer his
support for these officers during a particularly difficult interview in
what is now fully recognized as a misguided, but genuine attempt to be
supportive of officers he had previously supervised and for whom he held
considerable respect.

Soon after the events in April, Det. Andrews was charged with three counts
of insubordination and one count of discreditable conduct under the Police
Services Act. In accepting the guilty plea Wednesday, the force withdrew
two of the insubordination charges.

The deal brings to a close a turbulent period for Det. Andrews, whom Staff
Insp. Fazackerley described as a successful and decorated officer. As head
of the DEU from the fall of 2001 until he was removed in early 2003, he
oversaw 273 investigations that resulted in 400 busts and 1,500 criminal
charges, and the seizure of millions of dollars worth of drugs, he told Mr.
Connelly.

But a shadow was cast over the DEU and its members in January of 2003, when
a former member of the drug unit sent a letter to Chief Kevin McAlpine,
alleging a variety of criminal activities, including excessive use of force
and theft.

The chief called in the OPP in February of 2003. That investigation
concluded with an announcement in August that there would be no criminal
charges laid. In making the announcement, Chief McAlpine said there was "no
reasonable prospect of a criminal conviction".

An internal Durham police task force continues to investigate possible
Police Services Act breaches arising from the allegations.

All of the DEU cops involved, including Det. Andrews, have moved on to
other duties.

In accepting the joint recommendation on a penalty Wednesday, Mr. Connelly
said Durham police had sent a message.

"They obviously acknowledge your value as a police officer and a member of
the Durham Regional Police service", he told Det. Andrews.

Det. Andrews did not comment after the tribunal.
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