DRUG-BUST OFFICER TOLD TO QUIT

Despite Deal, Police Brass Force Out Officer Caught In Sting

TORONTO DRUG cop Robert Kelly was told yesterday he must quit or be fired
for sharing cocaine with a police informant. Kelly, 38, a well-liked
15-year veteran with an impeccable career record, appeared red-eyed and
shaken at Toronto Police headquarters when hearing officer Supt. Tony Warr
gave him the ultimate penalty for discreditable conduct.

In a strongly worded judgment, Warr cited the public interest as the
primary reason for Kelly's dismissal.

He said the public expects a "higher level of behaviour" from cops.

"The loss of the public trust is the most devastating thing that can happen
to a police service," Warr said.

"The Toronto Police Service cannot accept behaviour by their members that
jeopardizes that trust."

Kelly's lawyer, Peter Brauti, afterwards slammed Toronto Police management
for breaking an earlier promise that Kelly could keep his job if he pleaded
guilty to the charges.

'LIFE ON LINE'

"He put his life on the line for the public every day ... and the service
has used him up and thrown him away like a piece of garbage," Brauti said.
"We haven't seen any integrity come out of this hearing today."

In telling Kelly he had seven days to resign or else be fired, Warr
rejected a joint submission by Brauti and Toronto Police's legal branch
head Staff Insp. George Cowley that Kelly would keep his job, providing he
submit to random drug, medical and psychiatric tests, accept a demotion to
the lowest rank and put his future entirely in management's hands.

In a 16-page decision, Warr said he was "not satisfied" when he was first
told of the joint position in June, and even after hearing further
submissions in July he was still unimpressed.

"I am aware of the impact ... on the willingness of officers to plead
guilty to offences in the future," Warr said.

Brauti said any Toronto cop with a drug addiction should "run and hide in
your holes ... don't admit a thing."

Kelly was arrested Nov. 16, 2001 by an RCMP-led Toronto Police internal
affairs task force after Kelly's drug informant told police that Kelly had
allegedly threatened his life over $25,000 he said he had won for Kelly on
horse races he knew were likely fixed.

CHARGED

At two earlier meetings that November, the man gave Kelly $5,500 in police
sting cash in partial payment for his winnings. At one meeting, Kelly gave
the man 3.15 grams of cocaine.

Kelly, who was preparing to do cocaine when he was arrested, was charged
with two counts of possessing cocaine for the purposes of trafficking. He
pleaded guilty to two counts of possession. Criminal trial judge Ian Cowan
gave Kelly a suspended sentence, two years of probation and 200 hours of
community service.

While Warr said the death of Kelly's father and the loss of a common law
relationship may have contributed to his cocaine abuse, it is an
explanation, but not an excuse.

Brauti immediately filed an appeal notice.

Toronto Police Chief Julian Fantino said that Warr "did what he thought he
had to do," and he had to support the decision.