DRUG CASES STAYED

Rumours Fly That Police Corruption Probe Onto 'Something Big'

Another batch of drug cases has been stayed amid defence lawyer speculation
that a highly secretive RCMP-led corruption probe has uncovered more
alleged misdeeds.

Federal prosecutors have stayed proceedings in four Toronto Police drug
cases in the past few weeks, the Sun has learned.

And it looks like two major drug cases are also on the ropes. The latest
stayed cases are in addition to 115 cases stayed or withdrawn in the past
two years due to drug squad officers being tainted by criminal charges or
internal probes.

While prosecutors have offered no explanation for the latest stays, defence
lawyers believe they have been put on hold because "something big" is
happening.

"This has got to be big. I can't begin to guess, but something is going
on," said a leading defence lawyer, who spoke on condition of anonymity.
"The word among the criminal lawyers today is that if you have a client who
is charged with a drug offence ... don't plead guilty. It has become a rule
of practice."

Last November, charges of theft, fraud and forgery were laid against Staff.
Sgt. John Schertzer, field boss of one of four teams within central field
command, and six officers: Det. Const. Steve Correia and Consts. Sean
McGuinness, James Leslie, Jonathan Reid, Raymond Pollard, Jaroslaw Cieslik
and Joseph Miched.

Speculation Rampant

The bulk of the 115 stayed cases centred primarily on the Schertzer-led
squad. But the four newly stayed charges were initially laid by officers
not part of the Schertzer crew.

Speculation is rampant that prosecutors do not want to give disclosure
because the RCMP-led probe is turning up more allegations of "dirty cops."

One of the stayed drug cases involved Toronto pizza shop owner Mikos
Markovic, who has claimed in a civil lawsuit that $220,000 disappeared
during police raids on his home, business and bank safety deposit boxes. In
another case, two men accused of drug charges claim $160,000 went missing
after raids on safety deposit boxes.

Two other stayed cases, one involving a man who allegedly sold a few ounces
of crack to an undercover cop, and another involving a man who allegedly
had pounds of cocaine, have also been stayed without explanation.

While acknowledging cases have been stayed, Dorette Huggins, spokesman for
the federal prosecution service, refused to say why.

Citing concern for the integrity of the stayed cases and the "ongoing"
RCMP-led probe, Huggins said yesterday that senior officials could not
comment, because "anything we say might compromise" the cases. Meanwhile,
lawyers involved in two major drug cases say they intend to push for full
disclosure on police witnesses.

In one case, Edward Sapiano, the lawyer whose letter to Toronto Police
internal affairs -- signed by nine other lawyers -- prompted the probe,
says he has a client who alleges police stole about $250,000 from a safety
deposit box.

Impaired Driving

Prosecutors some time ago advised defence lawyers that Robert Kelly, an
officer with the northwest field command drug squad, is facing two Police
Services Act charges in Toronto and an impaired driving charge in Montreal.

Two months ago, the RCMP-led squad charged Kelly with trafficking a
controlled substance, two counts of possession for the purpose of
trafficking and criminal breach of trust.

None of the allegations against any of the officers has been proven in court.