OFFICER FIRED FOR COCAINE ADDICTION

Files For Appeal Of 'Harsh' Decision

Toronto Constable Robert Kelly, an undercover drug squad officer with
an otherwise "impeccable record," has been fired for "crossing the
line" when he became addicted to cocaine.

"It is necessary that officers understand that this type of behaviour
will result in grave consequences," Superintendent Tony Warr said in
his judgment yesterday, noting he was "disturbed" that Kelly, 38,
never revealed how he got the drugs.

Warr gave the 15-year veteran a week to resign, or be fired for
"breaching his oath of office."

"The public expects a higher level of behaviour from those it entrusts
with extraordinary powers," Warr said. "When a police officer disobeys
the laws and partakes in the very activity that he has been entrusted
to combat, then he has not only broken the law but broken that trust."

Kelly received a suspended sentence in March after pleading guilty to
two counts of cocaine possession. His trial heard how he became
addicted after suffering traumatic events such as the death of his
father and the wounding of his partner.

Kelly pleaded guilty to two counts of discreditable conduct under the
Police Services Act, and got the harshest penalty the internal
tribunal could give.

His lawyer, Peter Brauti, charged later that Kelly had been
"railroaded," and told Warr he was filing an appeal to the Ontario
Civilian Commission on Police Services. His appeal motion described
the punishment as "harsh and excessive," and "inconsistent" with
penalties in similar cases.

"We were told -- promised -- that he would keep his job if he pleaded
guilty at the tribunal," said Brauti -- a directive he said came from
Chief Julian Fantino.

But Staff Inspector George Cowley, who prosecuted Kelly, denied
Brauti's allegation. He said there was an agreement between himself
and Brauti, a "joint submission" urging Warr to let the officer keep
his job under stringent conditions. Warr rejected it, "as was his
prerogative to do," he said.