NO BREAK FOR COP: CROWN

Addicted Officer Knew Dangers Of Cocaine

A Toronto cop who claims an on-the-job addiction led him to sharing
cocaine with an informant should not be given a break so he can save
his job, a court has heard. A veteran drug cop like 38-year-old Robert
Kelly was in a "unique" position to know the danger of cocaine,
federal prosecutor John North said Friday during submissions to
Justice Ian Cowan at Kelly's sentencing hearing at Brampton court.

"Each and every morning he got up and went to work, he made a decision
to put at risk himself, his fellow officers and the public at
large,"North said

Kelly, a highly respected 14-year Toronto Police veteran with a
stellar work record, was arrested in an internal affairs sting two
years ago after an informant alleged Kelly threatened him over a
$25,000 gambling debt.

'VERY POOR MEASURE'

North said that Kelly, who pleaded guilty to two counts of cocaine
possession, should get three months of house arrest and three months
of overnight curfew, followed by a two-year probation and 100 hours
community service.

North said the 3.15 grams of cocaine Kelly gave the agent is "a very
poor measure" of the case's seriousness.

North said Kelly either got the cocaine from street dealers or stole
it during raids.

But Kelly's lawyer, Peter Brauti, seeks a conditional discharge, with
probation, community service and counselling.

'INCREDIBLE STRESS'

Brauti urged Cowan to accept that Kelly became addicted to cocaine
while under "incredible stress" after his father's death, seeing a
fellow Toronto drug officer shot, having a gun pointed at his head and
the loss of a relationship.

Brauti said Kelly had to "walk the walk, talk the talk, role-play ...
create false friendships, assume a completely false identity for
prolonged periods of time."

Citing over 150 rehabilitation sessions Kelly has had with doctors,
counsellors and groups, Brauti said he has made "incredible efforts to
beat his addiction" and that "nothing noble, or just, is achieved" by
jailing him.

Brauti said a conditional discharge is not only appropriate but also
legally justified.

The sentencing hearing continues Jan. 23.