The Lawyers Weekly - July 20, 2012

Obstruction counts and
three perjury charges
stick, acquittal on others
■ R V. SCHERTZER ET AL
.

SHANNON KARI

In the spring of 1999, the talk among defence lawyers in hallways and at coffee kiosks in Toronto courthouses frequently turned to claims that clients were making against certain members of the Central Field Command drug squad.

The clients alleged that some
officers were stealing money
and jewelry while executing
search warrants.

The complainants, however, were alleged drug dealers. “A letter sent on my own, would go nowhere,” defence lawyer Edward Sapiano recalled. He persuaded nine other lawyers to include their names in a joint letter to Toronto police internal affairs, detailing the allegations and offering to speak to investigators.

“The frequency of these reports from our clients is too much to report as lies. These people do not know each other and in many cases do not even wish to raise the matter publicly,” stated the letter sent on April 13, 1999. The 10 lawyers listed on the letter came from a cross-section of the Toronto defence bar, including prominent members such as Alan Gold and Clayton Ruby.

“I thought maybe, if I got a
collection of lawyers, they would
be obliged to look into it,”
Sapiano said.

One of the lawyers, Peter MacDonald, said he did not expect criminal charges. “I thought, the most it would do, was go into their employment file. I wanted internal affairs to keep an eye on these guys.”

FOR THE CROWN:
n;Milan Rupic
n;Susan Reid
n;Joan Barrett
n;John Pearson
FOR THE DEFENCE:
n;John Rosen for John Schertzer
n;Patrick Ducharme for Ned Maodus
n;Harry Black, Joanne Mulcahy for
Steven Correia
n;Earl Levy for Raymond Pollard
n;Peter Brauti for Joseph Miched
■ BY THE NUMBERS
Raymond Pollard, Steve Correia, Richard Benoit, Ned Maodus, Joseph Miched and John Schertzer outside a Toronto
courthouse in January 2008 after their charges were stayed for unreasonable delay. The Ontario Court of Appeal
overturned the lower court ruling in the fall of 2009 and ordered all the defendants to stand trial, except for Benoit.
RON BULL / GETSTOCK.COM
300,000
Pages of disclosure provided to
defence by the time of trial in 2012.

What was impossible to predict was the subsequent chain of events that eventually resulted in the convictions on June 27 of five former Toronto drug squad officers, more than 13 years after the initial complaint letter was sent.

John Scherzter, Ned Maodus, Steven Correia, Joseph Miched and Raymond Pollard were each convicted of obstruction of justice. Maodus, Correia and Pollard were also each convicted of one count of perjury. The Ontario Superior Court jury that deliberated for nine days, acquitted the officers of charges of conspiracy to attempt to obstruct justice, extortion, theft and assault. A sentencing hearing is scheduled for November.

It was a mixed result in a legal
saga that was described in 2003

by then-RCMP chief superintendent John Neily as “the largest police corruption scandal in Canadian history,” according to court documents. Neily headed a Toronto police internal task force with more than two-dozen detectives that investigated the corruption claims for 30 months after its creation in August, 2001.

The allegations against the
drug squad officers, which ultim-
ately prompted the federal
Department of Justice to stay or
withdraw charges in more than
200 Toronto-area drug cases—
also faded from the public spot-
light for the most part, by the
time the trial started in January
of this year. The Toronto Star was
the only major media outlet to
report regularly on the case,
which began eight years after six
officers were charged with a total
of 40 corruption-related offences.
(The Ontario Court of Appeal
upheld a stay of charges against
Richard Benoit for unreasonable
delay in the fall of 2009, at the
same time it overturned a lower
court ruling and ordered the case
to proceed to trial for the other
five officers.)

26
Toronto police detectives assigned
to special internal task force in 2001.
12
Number of officers the head of
task force recommended charging.

Number of officers charged
by Crown in January, 2004.
102
Months that elapsed between the
time officers were charged and jury
reached its verdict.

Days the jury spent deliberating
before issuing its verdict.
■ DRUG SQUAD TIMELINE ■ 13 years from allegations to verdicts
A letter is sent by 10
defence lawyers,
asking Toronto police
to probe corruption
claims. Two internal
affairs detectives
assigned to
investigate.
Eight drug squad
officers charged and
accused of making up
informants and stealing
small amounts from
“fink fund.”
Fink fund charges
stayed, so as not
to compromise
ongoing
investigation.

Court of Appeal overturns
Nordheimer ruling, orders new
trial for all the defendants except
Richard Benoit.
All five convicted of attempting to
obstruct justice. Three also
convicted of perjury.
Special RCMP-led
task force created
to probe corruption
claims. More
than two dozen
detectives assigned.
Six drug squad
officers charged
with a total of 40
corruption-related
charges.
Superior Court
Justice Ian
Nordheimer stays
charges because
of unreasonable
delay.
Trial of five former
drug squad
officers begins.