PROSECUTION OF DRUG-SQUAD OFFICERS HITS SNAG

One Defence Lawyer Balks At Signing Agreement Limiting His Use Of Material

The prosecution of six Toronto drug-squad police officers on corruption
charges has stalled because one defence lawyer is refusing to sign an
agreement that would severely restrict his use of more than 100,000 pages
of disclosure material.

Because the material contains sensitive information, such as informants'
names, the agreement would prohibit lawyer Morris Manning, who represents
Staff Sergeant John Schertzer, from disseminating any of the information
publicly.

Mr. Manning argued in the Ontario Superior Court yesterday that the
agreement violates his client's constitutional right to present a fair
defence, because he cannot show the material to potential witnesses.

Mr. Justice Eugene Ewaschuk rejected the Charter argument but called the
Crown's move to require the defence to sign a five-page agreement as a
condition of receiving disclosure of so much material "highly unusual."

He told Crown attorney Milan Rupic that he has been practising law since
1966 and has never come across such an agreement. "I've only heard of it
over coffee," Judge Ewaschuk said.

After hearing arguments and unsuccessfully trying to mediate a compromise
between the parties, Judge Ewaschuk ordered Mr. Rupic to go away and
identify those documents that contain sensitive information. The matter was
adjourned to Sept. 1.

Mr. Manning is the only holdout among the lawyers defending the six
officers who were charged in January with a total of 40 criminal offences.
Staff Sgt. Schertzer, a leader within the central field command drug squad,
faces eight charges, including conspiracy to obstruct justice, perjury,
theft, assault and extortion.

Mr. Rupic argued the agreement was necessary because the disclosure
materials contain the names of confidential informants and of other people
who could be at risk if their identities became known.

Mr. Rupic said it could be very difficult to identify sensitive sections.
Included in the mountain of paper are search warrants, affidavits, police
officers' notes, investigative briefs and scraps of paper, he told the court.

The Crown is not being arrogant or high-handed in insisting on the
agreement, Mr. Rupic said. "The Crown just wants assurance that the
material will not seep out."

Mr. Manning said he is somewhat affronted by the agreement, and that he
took an oath as a lawyer to obey the law and does not need a piece of paper
to guide him. "I've always been faithful to my oath," he said outside court.

The agreement would require him to return all the materials to the Crown at
the end of the case. It would not bind his client, who could do what he
wants with the material, Mr. Manning noted.

He said that the document, which he calls "an abuse of process," would also
prohibit him from using any of the information in the disclosure in a civil
lawsuit to which his client is a party.

Staff Sgt. Schertzer and seven other drug-squad officers filed a
$116-million lawsuit in January, 2003, against the Toronto Police, the RCMP
and Ontario's Solicitor-General. The lawsuit, which is still outstanding,
charges malicious prosecution arising from charges laid in 2000. The
charges were dismissed two years later.