OPP PROBE YIELDS NO CHARGES AGAINST DEU COPS

Chief expresses relief, but many officers still angry

OSHAWA -- A 20-month investigation into allegations of criminal activity by
former Durham Regional Police Drug Enforcement Unit members has concluded,
with no charges being laid.

Chief Kevin McAlpine told reporters Thursday morning that the extensive OPP
probe into allegations including assault, theft, misappropriation of funds,
perjury and damage to property has resulted in "no reasonable prospect of a
criminal conviction."

"I personally feel some relief on my own behalf, and on behalf of the
members," the chief said during a press conference at police headquarters in
downtown Oshawa.

"These things are always very troubling to an officer."

The announcement is really not a complete vindication for the officers, 11
of whom are still being investigated for potential misconduct by an internal
task force made up of Durham investigators. No charges have yet been laid
under the Police Services Act, but the chief said yesterday that more than
50 DEU case files dating back to 2001 are being looked at as the
investigation continues.

"These matters relate to allegations of excessive use of force, incomplete
investigations, reports and other paperwork, and the processing of some
seized property," Chief McAlpine said. "This is still a significant
undertaking, given the scope and complexity of the actual investigations,
the number of potential witnesses, and any remaining legal issues."

One former DEU officer expressed disgust with the investigation and the way
in which its results were handled.

"They call themselves a leadership team?" he said of Durham Regional Police
brass.

"All we did was our job," said the cop.

Tom Bell, vice-president of the Durham Regional Police Association, called
yesterday's announcement "an outrage." He said the failure of the OPP and
the Durham force to completely clear the officers was a "political" move
aimed at justifying the lengthy investigation.

He was particularly angered by the assertion that the probe had found "no
reasonable prospect of conviction" based on the allegations made in early
2003 by a former member of the DEU in a letter to the chief.

"It's used for political optics," Mr. Bell said of what he called a
carefully couched phrase. "It's gutless.

"The reality is, there's no evidence of criminal activity. We've always felt
(the officers) would be vindicated."

Mr. Bell said the officers - all of whom eventually transferred out of the
DEU for other duties after being informed they were under investigation -
have been unfairly tainted by the OPP probe and the ongoing internal
investigation into allegations of misconduct.

"There is no profession I'm aware of that faces more scrutiny than a police
officer in this day and age. How much is enough?" Mr. Bell said.

"These people have been put through hell. I feel (the investigation) still
taints the DEU unfairly."

Indeed, former members of the unit, who have spoken on condition of
anonymity, say they fear for their future as police officers in light of the
allegations.

One cop said he and his DEU colleagues were told they stood little chance of
advancing their careers as a result of the investigation, and their decision
to transfer out of the unit as the probe dragged on.

Other officers spoke of the frustration they felt at not even knowing what
they were being investigated for; yesterday was the first time Durham police
have released details of the nature of the allegations made by the former
unit member.

Insiders have been saying for months that the OPP investigation was unlikely
to yield any criminal charges, a prediction that was borne out yesterday.

Chief McAlpine has steadfastly defended the decision to call in the OPP to
investigate the allegations, and the parallel probe of accusations of
misconduct, some of them made by the very drug dealers the DEU cops arrested
and put in jail.

He said the original letter raised a number of concerns that were examined
closely in-house.

"There was some substance to some of the allegations," the chief said
yesterday. He said he called in the OPP in early 2003 to conduct an
independent probe.

The ongoing examination of DEU files is based on information uncovered
during the OPP probe and sent back to Durham police, he said.

"To ensure the continuing trust and confidence of our community and to
ensure fairness to our members, this investigation must also be conducted to
our usual very high standard," Chief McAlpine said.

He rejected the suggestion that cops caught up in the probe will be forever
tainted, even if they're cleared of misconduct.

"I cannot predict the outcome of the Police Services Act investigation," he
said.

"(But) at the end of the day, we have a short memory ... this will be behind
us and their careers will continue."

Mr. Bell, however, said officers have already been devastated by the
allegations and the lengthy investigation process.

"People's careers are destroyed. Let's get that straight right now," he
said. Mr. Bell said the 11 former DEU cops who've been under investigation
were informed of the outcome of the OPP probe via e-mail Thursday morning,
moments before the press conference at police headquarters.

"They didn't know until this morning they weren't going to jail, that they
weren't going to be arrested," he said.

"They didn't know until this morning they weren't going to jail, that they
weren't going to be arrested," he said.

One former drug cop confirmed the e-mail notification. And he said that
aside from the sparse details released about the substance of the original
complaint, officers still haven't been able to see it in its entirety.

"We heard about it at the same time the media did," the officer said.

"We're still not allowed to read the complaint. We still haven't been
apprised of what we're alleged to have done."

The lengthy investigation and the ongoing internal probe into misconduct
have cast a shadow far beyond the DEU, Mr. Bell said.

He added that morale across the rank and file has continued to sink as the
process has dragged on. And he echoed an often-repeated sentiment among
Durham cops: that Police Services Act charges will now be pursued by a force
attempting to save face after a long and costly investigation that came up
empty.

Mr. Bell demanded the chief provide information on how much has been spent
so far on the matter.

The OPP investigation focused on 273 cases processed by the DEU between Nov.
1, 2001, and Jan. 31, 2003.

`Many of those cases dated to 2002, a particularly busy and successful years
for the DEU, when more than 350 arrests were made during a number of
high-profile busts of marijuana grow houses and other illegal drug
operations. According to a number of sources, just two complaints were
lodged by the public against DEU officers during that time.