critter cartoon
Wednesday, September 29, 2010
Suspended officer gets $1,000 fine for forgery
Source: Barrie Examiner
By MEGAN GILLIS, QMI AGENCY
A judge fined a suspended OPP officer $1,000 Monday for forging documents so he could go to an Elvis tribute show he produced in Gatineau, Que., while on bail for a string of criminal charges.
A year ago, Const. Maurice Morrissette asked for a bail variation so he could go to the show. He presented a prosecutor with two fakes when she asked to see an employment contract requiring him to be there.
Morrissette was previously convicted of breach of trust and obstructing justice for providing information and advice to known drug dealers.
By MEGAN GILLIS, QMI AGENCY
A judge fined a suspended OPP officer $1,000 Monday for forging documents so he could go to an Elvis tribute show he produced in Gatineau, Que., while on bail for a string of criminal charges.
A year ago, Const. Maurice Morrissette asked for a bail variation so he could go to the show. He presented a prosecutor with two fakes when she asked to see an employment contract requiring him to be there.
Morrissette was previously convicted of breach of trust and obstructing justice for providing information and advice to known drug dealers.
Monday, August 16, 2010
OPP officer charged in bike accident
Source: The Spec
JARVIS – A Haldimand County OPP officer involved in a collision with a motorcycle has been charged.
OPP Sergeant Dave Rektor said today the collision occurred on Highway 6 near Jarvis Friday at 5:15 p.m. as a cruiser made a U-turn in the path of an oncoming motorcycle.
The 62-year-old Binbrook man riding the motorcycle suffered minor injuries and was treated in hospital and released.
Rektor could not say whether or not the rider was on his way to or from the Friday the 13th motorcycle celebrations in Port Dover that day.
Constable Jeffrey Howe, a four-year member of the OPP, has been charged with making an unsafe start from a stopped position.
JARVIS – A Haldimand County OPP officer involved in a collision with a motorcycle has been charged.
OPP Sergeant Dave Rektor said today the collision occurred on Highway 6 near Jarvis Friday at 5:15 p.m. as a cruiser made a U-turn in the path of an oncoming motorcycle.
The 62-year-old Binbrook man riding the motorcycle suffered minor injuries and was treated in hospital and released.
Rektor could not say whether or not the rider was on his way to or from the Friday the 13th motorcycle celebrations in Port Dover that day.
Constable Jeffrey Howe, a four-year member of the OPP, has been charged with making an unsafe start from a stopped position.
Sunday, August 15, 2010
Daddy Dalton Flip Flops Again
Every ones favourite Dad Does it again...
Just a few weeks ago McGuinty was saying MMA was not coming to Ontario, and now its coming along with Internet gambling.
MMA is not wholesome family entertainment is it? What happens Dad, if a child catches a glimpse of it on TV and then becomes a schoolyard bully, scarring other children for life?, is Dad going to give my 9 year old nephew whom I watch MMA with a lecture?
No doubt what happened is Daddy Dalton and his band of thieves seen the TAX that can be collected off these lucrative cash cows and then call it regulated!
Is a few deaths along the way OK if Ontario makes some cash?
Surely Dad knows that Internet gambling can lead to someone committing suicide, but it's ok naysayers it's going to be regulated.
I hope Kevin Wiener wins the battle and sues the province, putting a few more million on the record deficit that Dad has put Ontario in...
Just a few weeks ago McGuinty was saying MMA was not coming to Ontario, and now its coming along with Internet gambling.
MMA is not wholesome family entertainment is it? What happens Dad, if a child catches a glimpse of it on TV and then becomes a schoolyard bully, scarring other children for life?, is Dad going to give my 9 year old nephew whom I watch MMA with a lecture?
No doubt what happened is Daddy Dalton and his band of thieves seen the TAX that can be collected off these lucrative cash cows and then call it regulated!
Is a few deaths along the way OK if Ontario makes some cash?
Surely Dad knows that Internet gambling can lead to someone committing suicide, but it's ok naysayers it's going to be regulated.
I hope Kevin Wiener wins the battle and sues the province, putting a few more million on the record deficit that Dad has put Ontario in...
Saturday, August 7, 2010
On-duty officer charged with stealing drug evidence
Source:The Spec
August 07, 2010
Joey Coleman
The Hamilton Spectator
Hamilton Police have charged one of their own after Oxycocet tablets were stolen from a locked drug deposit box at police headquarters.
The drugs went missing on July 23.
Nine-year veteran Andrew Pauls, 32, is facing two counts of theft of property valued under $5000, one count possession of property valued under $5000, possession of drugs, and breach of trust.
Pauls was released and will appear in court on September 2, 2010.
He has been suspended from duty with pay.
The investigation was conducted by the Hamilton Police Service with the assistance of an outside police force.
Watch thespec.com for updates
August 07, 2010
Joey Coleman
The Hamilton Spectator
Hamilton Police have charged one of their own after Oxycocet tablets were stolen from a locked drug deposit box at police headquarters.
The drugs went missing on July 23.
Nine-year veteran Andrew Pauls, 32, is facing two counts of theft of property valued under $5000, one count possession of property valued under $5000, possession of drugs, and breach of trust.
Pauls was released and will appear in court on September 2, 2010.
He has been suspended from duty with pay.
The investigation was conducted by the Hamilton Police Service with the assistance of an outside police force.
Watch thespec.com for updates
Friday, August 6, 2010
Conviction stands for Peel cop who stole cocaine
Source: Toronto Sun
BRAMPTON — Somewhere in the GTA, some very fortunate cocaine smugglers are thanking their lucky stars.
The bad guys narrowly escaped an RCMP drug sting that instead ensnared at least one dirty Peel Region cop, with another two officers now suspended and under investigation.
The surprising revelation that Peel Regional Police Sgt. Marty Rykhoff and Const. Warren Williams are also facing possible criminal and Police Service Act charges related to the case came at the sentencing hearing for former Const. Sheldon Cook, who was convicted in June of stealing 15 bricks of what he believed was real coke.
The Mounties didn’t exactly get the men they were aiming for.
The local cops believed they’d stumbled on a huge drug smuggling scheme in November 2006 when a frightened courier delivered his suspicious cargo to their doorstep.
The driver had panicked after a mysterious customer wanted him to deliver a truckload of mangoes from the airport to a dark and deserted yard with no loading dock. Instead, he took the load straight to police.
Finding bricks of white powder hidden under the fruit, Cook and the other cops believed they’d uncovered a massive cocaine shipment. Instead, they’d unknowingly landed in the middle of Operation Ocaper, an RCMP sting which had intercepted 146 kilos of coke bound from Peru to Toronto and replaced it with bricks of phony drugs embedded with GPS tracking devices.
But instead of tracking the drugs to the GTA smugglers, imagine the Mounties’ surprise when they not only got detoured to a Peel police station, but 44 of the one kilo bricks mysteriously went missing after officers got their hands on the errant load.
Cook was arrested by the RCMP a few days later after the signal led them to his Cambridge garage, where 15 bricks of the phony coke were found hidden in his Sea-Doo.
Justice Casey Hill rejected Cook’s contention that he knew they were fake drugs and had been told to take them home for safekeeping only to be framed later by his superiors, Williams and Rykhoff.
But on learning late last month from Crown prosecutors David Rowcliffe and Anya Weiler that their two key witnesses are now under police investigation themselves, Cook’s lawyer Patrick Ducharme demanded a mistrial, or at the very least, a reopening of the trial.
The judge refused both requests, saying that no matter what happens with the investigation into Williams and Rykhoff, it wouldn’t affect his conclusion that Cook was also guilty.
Hill said he’d been highly critical of both officers in his judgment and was very careful in what he believed of their testimony.
In fact, it was the judge’s harsh words for both cops during his verdict in June that led to their suspension and the launch of an internal affairs investigation two days later.
“As shocking as it may be to many, in my view, the two principal Crown witnesses, both sworn police officers, must be treated as suspect or tainted witnesses,” the judge had said in his 141-page decision.
He accused Williams of perjury, saying he lied to the court because of a “dangerous and warped code” of not snitching on a fellow officer.
The judge was even more scathing when it came to Rykhoff, saying he not only lied during his testimony but it was also “likely” that he “did remove” a box of the fake cocaine from the courier truck.
The judge noted that eight of the slit-open bricks were found in a dumpster 2.8 miles from Rykhoff’s home and that the Crown’s submissions admitted it “was probable that Rykhoff was involved with the accused in skimming a number of bricks of suspected cocaine from the bad guy’s load.”
This is the same officer, court heard, who was docked five days pay for pretending to be sick when he was actually partying it up at a college football game in Halifax the day after he was involved in the “drug” seizure.
It all sounds like a page torn out of the old Keystone Kops comedies, except the only ones laughing are the lucky drug smugglers who didn’t get stung.
Cook’s sentencing hearing continues next month.
Read Mandel Wednesday through Saturday. michele.mandel@sunmedia.ca or 416-947-2231
BRAMPTON — Somewhere in the GTA, some very fortunate cocaine smugglers are thanking their lucky stars.
The bad guys narrowly escaped an RCMP drug sting that instead ensnared at least one dirty Peel Region cop, with another two officers now suspended and under investigation.
The surprising revelation that Peel Regional Police Sgt. Marty Rykhoff and Const. Warren Williams are also facing possible criminal and Police Service Act charges related to the case came at the sentencing hearing for former Const. Sheldon Cook, who was convicted in June of stealing 15 bricks of what he believed was real coke.
The Mounties didn’t exactly get the men they were aiming for.
The local cops believed they’d stumbled on a huge drug smuggling scheme in November 2006 when a frightened courier delivered his suspicious cargo to their doorstep.
The driver had panicked after a mysterious customer wanted him to deliver a truckload of mangoes from the airport to a dark and deserted yard with no loading dock. Instead, he took the load straight to police.
Finding bricks of white powder hidden under the fruit, Cook and the other cops believed they’d uncovered a massive cocaine shipment. Instead, they’d unknowingly landed in the middle of Operation Ocaper, an RCMP sting which had intercepted 146 kilos of coke bound from Peru to Toronto and replaced it with bricks of phony drugs embedded with GPS tracking devices.
But instead of tracking the drugs to the GTA smugglers, imagine the Mounties’ surprise when they not only got detoured to a Peel police station, but 44 of the one kilo bricks mysteriously went missing after officers got their hands on the errant load.
Cook was arrested by the RCMP a few days later after the signal led them to his Cambridge garage, where 15 bricks of the phony coke were found hidden in his Sea-Doo.
Justice Casey Hill rejected Cook’s contention that he knew they were fake drugs and had been told to take them home for safekeeping only to be framed later by his superiors, Williams and Rykhoff.
But on learning late last month from Crown prosecutors David Rowcliffe and Anya Weiler that their two key witnesses are now under police investigation themselves, Cook’s lawyer Patrick Ducharme demanded a mistrial, or at the very least, a reopening of the trial.
The judge refused both requests, saying that no matter what happens with the investigation into Williams and Rykhoff, it wouldn’t affect his conclusion that Cook was also guilty.
Hill said he’d been highly critical of both officers in his judgment and was very careful in what he believed of their testimony.
In fact, it was the judge’s harsh words for both cops during his verdict in June that led to their suspension and the launch of an internal affairs investigation two days later.
“As shocking as it may be to many, in my view, the two principal Crown witnesses, both sworn police officers, must be treated as suspect or tainted witnesses,” the judge had said in his 141-page decision.
He accused Williams of perjury, saying he lied to the court because of a “dangerous and warped code” of not snitching on a fellow officer.
The judge was even more scathing when it came to Rykhoff, saying he not only lied during his testimony but it was also “likely” that he “did remove” a box of the fake cocaine from the courier truck.
The judge noted that eight of the slit-open bricks were found in a dumpster 2.8 miles from Rykhoff’s home and that the Crown’s submissions admitted it “was probable that Rykhoff was involved with the accused in skimming a number of bricks of suspected cocaine from the bad guy’s load.”
This is the same officer, court heard, who was docked five days pay for pretending to be sick when he was actually partying it up at a college football game in Halifax the day after he was involved in the “drug” seizure.
It all sounds like a page torn out of the old Keystone Kops comedies, except the only ones laughing are the lucky drug smugglers who didn’t get stung.
Cook’s sentencing hearing continues next month.
Read Mandel Wednesday through Saturday. michele.mandel@sunmedia.ca or 416-947-2231
Friday, July 30, 2010
Two and half years Paid Vacation for Ottawa Police Constable Harinderpal Mamak
Source: Ottawa Police
29/07/2010
FOR IMMEDIATE RELEASE: Thursday, July 29, 2010 11:15am
(Ottawa) – Earlier today, Retired Deputy Chief Terence Kelly who was overseeing the Police Services Act charges against Ottawa Police Constable Harinderpal Mamak rendered a decision requiring the officer to resign within seven days or face dismissal.
His decision followed a Police Services Act trial that began on February 11, 2008, where the officer plead not guilty. On September 22, 2009, Mr. Kelly found Cst. Mamak guilty of one count of insubordination and one count of breach of confidence.
The Professional Standards Section of the Ottawa Police laid the two Police Act charges following an internal investigation. On December 12, 2007 Cst. Mamak was charged with one count of Insubordination (without lawful excuse, disobeyed a lawful order pertaining to access of CPIC) and one count of Breach of Confidence (without lawful excuse did divulge information retrieved from CPIC system knowing that it is his duty to keep secret) under the Police Services Act.
During the proceedings, Chief Vern White sought the dismissal of Cst. Mamak from the Ottawa Police given the seriousness of the charges and the importance of maintaining public trust and confidence. Today, Chief White noted: “We accept the decision and will act upon it pending the outcome of any appeals.”
Cst. Mamak, who has been suspended from duty with pay since December 12, 2007 has the right to appeal the decision, within 30 days, to the Ontario Civilian Police Commission (OCPC). The Ottawa Police Service has no right to appeal in these matters, and as such, will accept the sentencing decision and will act upon it accordingly.
CONTACT: Media Relations Section
Telephone: 613-236-1222, ext. 5366
Ottawa Police Service/Service de police d'Ottawa
www.ottawapolice.ca
29/07/2010
FOR IMMEDIATE RELEASE: Thursday, July 29, 2010 11:15am
(Ottawa) – Earlier today, Retired Deputy Chief Terence Kelly who was overseeing the Police Services Act charges against Ottawa Police Constable Harinderpal Mamak rendered a decision requiring the officer to resign within seven days or face dismissal.
His decision followed a Police Services Act trial that began on February 11, 2008, where the officer plead not guilty. On September 22, 2009, Mr. Kelly found Cst. Mamak guilty of one count of insubordination and one count of breach of confidence.
The Professional Standards Section of the Ottawa Police laid the two Police Act charges following an internal investigation. On December 12, 2007 Cst. Mamak was charged with one count of Insubordination (without lawful excuse, disobeyed a lawful order pertaining to access of CPIC) and one count of Breach of Confidence (without lawful excuse did divulge information retrieved from CPIC system knowing that it is his duty to keep secret) under the Police Services Act.
During the proceedings, Chief Vern White sought the dismissal of Cst. Mamak from the Ottawa Police given the seriousness of the charges and the importance of maintaining public trust and confidence. Today, Chief White noted: “We accept the decision and will act upon it pending the outcome of any appeals.”
Cst. Mamak, who has been suspended from duty with pay since December 12, 2007 has the right to appeal the decision, within 30 days, to the Ontario Civilian Police Commission (OCPC). The Ottawa Police Service has no right to appeal in these matters, and as such, will accept the sentencing decision and will act upon it accordingly.
CONTACT: Media Relations Section
Telephone: 613-236-1222, ext. 5366
Ottawa Police Service/Service de police d'Ottawa
www.ottawapolice.ca
Friday, July 23, 2010
Toronto Police Officer Charged
Source: TPS
Broadcast time: 15:49
Friday, July 23, 2010
Public Information
416−808−7100
A Toronto Police Service officer has been arrested and charged.
Constable Abdullah Khalid, 29, with one year of service, is a member of 43 Division.
It is alleged that:
− in June 2008, the accused provided fraudulent documents to a financial institution for a homeowner's mortgage.
He has been charged with:
1) Attempt to Obtain Credit by False Pretences,
2) Conspiracy to Commit an Indictable Offence.
He is scheduled to appear in court at Old City Hall, on Tuesday, August 31, 2010, room 111, at 11 a.m.
Broadcast time: 15:49
Friday, July 23, 2010
Public Information
416−808−7100
A Toronto Police Service officer has been arrested and charged.
Constable Abdullah Khalid, 29, with one year of service, is a member of 43 Division.
It is alleged that:
− in June 2008, the accused provided fraudulent documents to a financial institution for a homeowner's mortgage.
He has been charged with:
1) Attempt to Obtain Credit by False Pretences,
2) Conspiracy to Commit an Indictable Offence.
He is scheduled to appear in court at Old City Hall, on Tuesday, August 31, 2010, room 111, at 11 a.m.
Wednesday, July 21, 2010
OPP officers' case delayed
Source:Barrie Examiner
Posted By SHAWN GIILCK, QMI AGENCY
The court case against the two Collingwood OPP officers charged with assault has been put off until Aug. 17.
Provincial Const. Jeremy Shiffman, 38, a five-year member of the OPP, and Provincial Const. Ashley Plumb, 26, a three-year member of the OPP, have each been charged with assault following an incident involving a woman on the Black Ash Trail.
According to police, on the morning of June 1, a 34-year-old Collingwood woman was out walking along the Black Ash Trail. At the same time, two people -- a man and a woman -- were running along the trail when a physical altercation occurred between them and the woman.
Shiffman and Plumb appeared briefly in Collingwood's Ontario Court of Justice Tuesday.
The two officers were charged on June 17 following an investigation by the OPP's Professional Standards Bureau. They have been assigned to administrative duties.
The Crown Attorney's office has not yet provided Plumb and Shiffman with disclosure, a legal representative said. Each officer is represented by a different lawyer.
The case was bound over until Aug. 17 at 9:30 a.m. to allow time for the disclosure to be provided.
In legal terms, disclosure is the presentation of all evidence collected by the police and the Crown Attorney's office pertaining to the case to the defence lawyers. Providing that material is mandatory
Posted By SHAWN GIILCK, QMI AGENCY
The court case against the two Collingwood OPP officers charged with assault has been put off until Aug. 17.
Provincial Const. Jeremy Shiffman, 38, a five-year member of the OPP, and Provincial Const. Ashley Plumb, 26, a three-year member of the OPP, have each been charged with assault following an incident involving a woman on the Black Ash Trail.
According to police, on the morning of June 1, a 34-year-old Collingwood woman was out walking along the Black Ash Trail. At the same time, two people -- a man and a woman -- were running along the trail when a physical altercation occurred between them and the woman.
Shiffman and Plumb appeared briefly in Collingwood's Ontario Court of Justice Tuesday.
The two officers were charged on June 17 following an investigation by the OPP's Professional Standards Bureau. They have been assigned to administrative duties.
The Crown Attorney's office has not yet provided Plumb and Shiffman with disclosure, a legal representative said. Each officer is represented by a different lawyer.
The case was bound over until Aug. 17 at 9:30 a.m. to allow time for the disclosure to be provided.
In legal terms, disclosure is the presentation of all evidence collected by the police and the Crown Attorney's office pertaining to the case to the defence lawyers. Providing that material is mandatory
Sunday, July 18, 2010
If it looks like a tax, chances are it is a tax
Source: Ottawa Sun
Home / Comment / Editorial
William Shakespeare once wrote that a rose by any other name is still a rose. The same could be said about the new eco fee that the provincial government snuck in on July 1 by taking advantage of the din around the implementation of the Harmonized Sales Tax (HST). If it looks like a tax, and hurts like a tax, chances are it is a tax, no matter what the minions in Toronto say.
The reaction to the eco tax (we will not call it a fee, that is just nonsense) has been slow in developing, primarily because of the way it was snuck in, without prior debate or knowledge of opposition MPPs so they could at least vigorously question it during question period. Only now, two weeks later, are people starting to feel the sting of this eco tax, and are starting to scream loud enough to wake up their MPPs.
Consider this: On more than 5,000 everyday products you purchase, there is now an eco tax that ranges from 20% to 40%, and more in some cases.
Ostensibly, this is to cover the cost of recycling these products or their containers by a nearly anonymous group called the Ontario Stewardship Council, an unelected, unaccountable group of lobbyists and tree-huggers with little care how their tax will impact on middle-income and elderly Ontarians. A simple bottle of Javex bleach, on sale in many stores last week for 99 cents, cost you $1.52 before you left the store after 15 cents for the HST and 38 cents for the eco tax were added at the cash.
This affects a wide range of products, everything from electric razors and toothbrushes, to batteries, to sunblock, flashlights, detergent ... you name it, and the province will be digging into your pocket for the recycling fee (eco tax) it says it needs to dispose of its remains safely ... despite the fact municipalities already tax you for recycling and disposal.
This should get your blood boiling, not just for the underhanded way it was implemented, but for the simple fact that it is precisely what is meant by the term "taxation without representation," which is illegal under the British North America Act. There was no discussion, no feedback, no due process.
Is that a democracy?
Home / Comment / Editorial
William Shakespeare once wrote that a rose by any other name is still a rose. The same could be said about the new eco fee that the provincial government snuck in on July 1 by taking advantage of the din around the implementation of the Harmonized Sales Tax (HST). If it looks like a tax, and hurts like a tax, chances are it is a tax, no matter what the minions in Toronto say.
The reaction to the eco tax (we will not call it a fee, that is just nonsense) has been slow in developing, primarily because of the way it was snuck in, without prior debate or knowledge of opposition MPPs so they could at least vigorously question it during question period. Only now, two weeks later, are people starting to feel the sting of this eco tax, and are starting to scream loud enough to wake up their MPPs.
Consider this: On more than 5,000 everyday products you purchase, there is now an eco tax that ranges from 20% to 40%, and more in some cases.
Ostensibly, this is to cover the cost of recycling these products or their containers by a nearly anonymous group called the Ontario Stewardship Council, an unelected, unaccountable group of lobbyists and tree-huggers with little care how their tax will impact on middle-income and elderly Ontarians. A simple bottle of Javex bleach, on sale in many stores last week for 99 cents, cost you $1.52 before you left the store after 15 cents for the HST and 38 cents for the eco tax were added at the cash.
This affects a wide range of products, everything from electric razors and toothbrushes, to batteries, to sunblock, flashlights, detergent ... you name it, and the province will be digging into your pocket for the recycling fee (eco tax) it says it needs to dispose of its remains safely ... despite the fact municipalities already tax you for recycling and disposal.
This should get your blood boiling, not just for the underhanded way it was implemented, but for the simple fact that it is precisely what is meant by the term "taxation without representation," which is illegal under the British North America Act. There was no discussion, no feedback, no due process.
Is that a democracy?
Friday, July 16, 2010
Street Racing OPP officer # two for the month of July
OPP Const. Edward Phillipo, 39 is the second officer charged with stunt driving in the month of July.
Const. Edward Phillipo put his crusier into a a ditch and wrote it off, thankfully he only recieved minor injuries, his licence was suspended for seven days.
This is our tax dollars at work
Const. Edward Phillipo put his crusier into a a ditch and wrote it off, thankfully he only recieved minor injuries, his licence was suspended for seven days.
This is our tax dollars at work
OPP officer charged with Street Racing as result of crashed cruiser
Source: Miner and News
Posted By Lloyd Mack
THUNDER BAY - The Ontario Provincial Police reported Thursday it has charged one of its own for racing a cruiser while in early July.
The OPP Technical Collision investigator and members of the Northwest Region Highway Safety Division conducted an investigation following an early morning July 9 single vehicle crash on Highway 17 in the town of Screiber. At approximately 5:40 a.m. a Schreiber OPP vehicle travelling eastbound left the roadway. The officer was transported to McCausland Hospital in Terrace Bay by ambulance where he was treated for minor injuries and released. The cruiser was demolished in the collision.
As a result of the investigation, 22-year-old Provincial Const.Evan Winslow, who has been a member of the OPP for 14 months, was charged with race motor vehicle contrary to section 172(3)(i) of the Highway Traffic Act. The officer's driver's licence has been suspended for seven days. He is scheduled to appear in provincial court in Schreiber on Sept. 13.
Posted By Lloyd Mack
THUNDER BAY - The Ontario Provincial Police reported Thursday it has charged one of its own for racing a cruiser while in early July.
The OPP Technical Collision investigator and members of the Northwest Region Highway Safety Division conducted an investigation following an early morning July 9 single vehicle crash on Highway 17 in the town of Screiber. At approximately 5:40 a.m. a Schreiber OPP vehicle travelling eastbound left the roadway. The officer was transported to McCausland Hospital in Terrace Bay by ambulance where he was treated for minor injuries and released. The cruiser was demolished in the collision.
As a result of the investigation, 22-year-old Provincial Const.Evan Winslow, who has been a member of the OPP for 14 months, was charged with race motor vehicle contrary to section 172(3)(i) of the Highway Traffic Act. The officer's driver's licence has been suspended for seven days. He is scheduled to appear in provincial court in Schreiber on Sept. 13.
Tuesday, July 13, 2010
Monday, July 12, 2010
Friday, July 9, 2010
Tuesday, July 6, 2010
OPP officer, wife face charges
Source:recorder.ca
Posted By NICK GARDINER, STAFF WRITER
An 11-year veteran OPP officer stationed at the Grenville County detachment in Prescott has been suspended from duty after a police raid Sunday at his Augusta Township residence.
Const. Jim Blanchette, 45, was suspended effective Monday as a result of an investigation launched after police received information alleging there was stolen property in his possession, said OPP spokesman Sgt. Kristine Rae.
Rae said the investigation was launched immediately by the OPP professional standards bureau.
During Sunday's raid, police seized several miscellaneous antique items, including furniture, eight unrestricted long guns and one restricted handgun, said Rae.
Blanchette and his wife Robin, 44, have been charged with nine counts of careless storage of a firearm, nine counts of possession of an unregistered weapon and one count of possession of property obtained by crime.
They were released from police custody on conditions and a promise to appear in Brockville court Sept. 24.
Rae said Blanchette is suspended with pay, according to the Police Services Act.
Posted By NICK GARDINER, STAFF WRITER
An 11-year veteran OPP officer stationed at the Grenville County detachment in Prescott has been suspended from duty after a police raid Sunday at his Augusta Township residence.
Const. Jim Blanchette, 45, was suspended effective Monday as a result of an investigation launched after police received information alleging there was stolen property in his possession, said OPP spokesman Sgt. Kristine Rae.
Rae said the investigation was launched immediately by the OPP professional standards bureau.
During Sunday's raid, police seized several miscellaneous antique items, including furniture, eight unrestricted long guns and one restricted handgun, said Rae.
Blanchette and his wife Robin, 44, have been charged with nine counts of careless storage of a firearm, nine counts of possession of an unregistered weapon and one count of possession of property obtained by crime.
They were released from police custody on conditions and a promise to appear in Brockville court Sept. 24.
Rae said Blanchette is suspended with pay, according to the Police Services Act.
Saturday, July 3, 2010
Officer charged after prisoner roughed up: SIU
Source:The Toronto Sun
By KENNETH JACKSON, QMI Agency
OTTAWA - A Hawkesbury OPP officer has been charged with assault causing bodily harm after a prisoner was roughed up while in a cell in March, the Special Investigation Unit said Friday.
A 21-year-old man was searched by an officer while walking in the Vankleek Hill area March 20.
He was arrested for reasons that were not made available Friday and lodged in a cell.
During this time, "there was an interaction between an officer and the man" leaving the man with serious injuries.
Const. Jean Philippe Mathieu is charge with one count of assault causing bodily harm.
The officer is required to appear in court in L'Orignal on Aug. 4.
The SIU said it will not comment on the case because it's now before the courts.
The SIU is an arm's length agency that investigates reports involving police where there has been death, serious injury or allegations of sexual assault.
By KENNETH JACKSON, QMI Agency
OTTAWA - A Hawkesbury OPP officer has been charged with assault causing bodily harm after a prisoner was roughed up while in a cell in March, the Special Investigation Unit said Friday.
A 21-year-old man was searched by an officer while walking in the Vankleek Hill area March 20.
He was arrested for reasons that were not made available Friday and lodged in a cell.
During this time, "there was an interaction between an officer and the man" leaving the man with serious injuries.
Const. Jean Philippe Mathieu is charge with one count of assault causing bodily harm.
The officer is required to appear in court in L'Orignal on Aug. 4.
The SIU said it will not comment on the case because it's now before the courts.
The SIU is an arm's length agency that investigates reports involving police where there has been death, serious injury or allegations of sexual assault.
Thursday, July 1, 2010
Peel Police slammed in beating Hamilton suspect
Source: The Spec
July 01, 2010
Tracey Tyler
Torstar News Service
The Ontario Court of Appeal has condemned the “horrendous” conduct of two Peel Region police officers who beat a Hamilton man suspected in a string of Mississauga home invasions, leaving him with a broken jaw and permanent disability.
Jason Tran said the officers who were transporting him to a Peel police station back in 2003 had warned him it would be “the hard way” if he asserted his right to silence and refused to provide a statement.
His decision to follow his lawyer’s advice and say nothing left him with a broken jaw and headaches that still persist.
“Regardless of whether the officers abused Tran to obtain a confession or for some other reason, the essential fact is that they beat him up,” Justice Gloria Epstein said in a decision released late Wednesday.
“Their conduct was despicable regardless of its motivation.”
The court called it shocking no disciplinary action has ever been taken against the officers, who tried to cover up the incident and lied about it later in court.
A three-judge appeal panel also had harsh words for the Crown, for appearing to shrug off the incident after a trial judge concluded Tran was severely beaten and rejected the officers’ story about how it was that he ended up beaten and bloodied in a police interview room.
Justice Michael Tulloch ruled during a pre-trial motion in 2006 that Constable Will Vander Wier had delivered the blow to Tran’s jaw
After the judge’s decision, the Crown continued on as if nothing had happened, inviting the officer to remain seated at the counsel table, beside prosecutors, for the trial.
“The Crown’s conduct was evocative of an alignment with the police, notwithstanding the abuse,” said Epstein, with Justices Robert Sharpe and Janet Simmons agreeing.
The appeal court said the only remedy was to enter a stay of proceedings, effectively quashing Tran’s conviction for conspiracy to commit robbery.
Tran, whose jaw had to be wired shut, was so badly injured that he now bites himself when he eats, has a sore jaw and loose teeth and suffers migraines.
Yet the appeal court was told during oral arguments in January that, despite Tulloch’s findings of serious brutality, no further action has been taken against the officers.
The province’s Special Investigations Unit had launched an investigation, but closed the file without charges on June 6, 2003 and refused to say why, citing confidentiality.
During Tran’s trial in 2006, a lawyer for the SIU advised the court that the unit’s director, John Sutherland, had concluded there were no reasonable grounds for believing the officer had committed any criminal offence.
“It is difficult to understand why or how those responsible for investigating the incident could continue to maintain that there are no reasonable grounds to proceed,” Epstein said.
Tran was found guilty after a 40-day trial in 2006 of conspiring with eight other people to carry out a series of home invasions in the Mississauga-Hamilton area over three months in 2002.
The court was told they were wearing disguises when they were transported to targeted houses by van.
The robberies were apparently aimed at drug dealers who allegedly owed money. But elderly women and an 8-year-old girl were among the victims.
One woman was sexually assaulted and another was told she would be shot if something went wrong.
A man inside one of the homes had a dollar sign carved into his back with a knife by one of the robbers, who also tried to cut off the man’s finger.
Tran turned himself in to Hamilton police on March 27, 2003.
He said officers began telling him on the drive back to Peel that they didn’t want to hear anything about him not wanting to make a statement. At the police station, he was shoved and punched in the ribs and jaw, he said.
During a pre-trial motion before Tulloch three years later, the officers denied assaulting Tran and claimed to have found him on the floor, handcuffed and bleeding from the mouth, after leaving him alone in the interview room for a while.
One of the officers, identified as John Conway in the appeal court’s decision, testified that it looked as though Tran had bitten his lip and that Tran had explained his presence on the floor by saying, “I don’t know, I guess I fell.”
Tulloch, the trial judge, didn’t believe the officers.
The medical evidence showed Tran’s injuries were consistent with a blow to the jaw, not falling on the floor.
Under the circumstances, Tulloch had only two options: to stay the charges against Tran; or to reduce his sentence in recognition that his Charter rights had been seriously violated.
Tulloch opted for the latter, reducing a 28-month sentence by half and giving Tran 14 months plus three years probation.
The trial judge justified his decision by noting that the charges against Tran were serious and society has an interest in seeing these cases through to the end. While the abuse he suffered cannot be condoned, his beating at the hands of police did not affect the quality of the evidence used against him, Tulloch said.
But the appeal court said that didn’t go far enough.
Society’s interest in prosecuting a case is outweighed this time by the affront to decency and fair play caused by the officers’ serious abuses, it said.
“It is essential for the court to distance itself from this kind of state misconduct — an unwarranted, grave assault causing bodily harm, delayed medical attention, a cover up that included perjury, a prosecutorial response that affected the perception of trial fairness and no effective response,” Epstein said.
“Not to do so would be to leave the impression that it tacitly approves of it.”
The court dismissed appeals brought by two of Tran’s co-accused, Hoa Dang and Robert Johnson.
Peter Zaduk, Tran's trial lawyer, said he has been on bail but under virtual house arrest for the past three years, pending his appeal.
July 01, 2010
Tracey Tyler
Torstar News Service
The Ontario Court of Appeal has condemned the “horrendous” conduct of two Peel Region police officers who beat a Hamilton man suspected in a string of Mississauga home invasions, leaving him with a broken jaw and permanent disability.
Jason Tran said the officers who were transporting him to a Peel police station back in 2003 had warned him it would be “the hard way” if he asserted his right to silence and refused to provide a statement.
His decision to follow his lawyer’s advice and say nothing left him with a broken jaw and headaches that still persist.
“Regardless of whether the officers abused Tran to obtain a confession or for some other reason, the essential fact is that they beat him up,” Justice Gloria Epstein said in a decision released late Wednesday.
“Their conduct was despicable regardless of its motivation.”
The court called it shocking no disciplinary action has ever been taken against the officers, who tried to cover up the incident and lied about it later in court.
A three-judge appeal panel also had harsh words for the Crown, for appearing to shrug off the incident after a trial judge concluded Tran was severely beaten and rejected the officers’ story about how it was that he ended up beaten and bloodied in a police interview room.
Justice Michael Tulloch ruled during a pre-trial motion in 2006 that Constable Will Vander Wier had delivered the blow to Tran’s jaw
After the judge’s decision, the Crown continued on as if nothing had happened, inviting the officer to remain seated at the counsel table, beside prosecutors, for the trial.
“The Crown’s conduct was evocative of an alignment with the police, notwithstanding the abuse,” said Epstein, with Justices Robert Sharpe and Janet Simmons agreeing.
The appeal court said the only remedy was to enter a stay of proceedings, effectively quashing Tran’s conviction for conspiracy to commit robbery.
Tran, whose jaw had to be wired shut, was so badly injured that he now bites himself when he eats, has a sore jaw and loose teeth and suffers migraines.
Yet the appeal court was told during oral arguments in January that, despite Tulloch’s findings of serious brutality, no further action has been taken against the officers.
The province’s Special Investigations Unit had launched an investigation, but closed the file without charges on June 6, 2003 and refused to say why, citing confidentiality.
During Tran’s trial in 2006, a lawyer for the SIU advised the court that the unit’s director, John Sutherland, had concluded there were no reasonable grounds for believing the officer had committed any criminal offence.
“It is difficult to understand why or how those responsible for investigating the incident could continue to maintain that there are no reasonable grounds to proceed,” Epstein said.
Tran was found guilty after a 40-day trial in 2006 of conspiring with eight other people to carry out a series of home invasions in the Mississauga-Hamilton area over three months in 2002.
The court was told they were wearing disguises when they were transported to targeted houses by van.
The robberies were apparently aimed at drug dealers who allegedly owed money. But elderly women and an 8-year-old girl were among the victims.
One woman was sexually assaulted and another was told she would be shot if something went wrong.
A man inside one of the homes had a dollar sign carved into his back with a knife by one of the robbers, who also tried to cut off the man’s finger.
Tran turned himself in to Hamilton police on March 27, 2003.
He said officers began telling him on the drive back to Peel that they didn’t want to hear anything about him not wanting to make a statement. At the police station, he was shoved and punched in the ribs and jaw, he said.
During a pre-trial motion before Tulloch three years later, the officers denied assaulting Tran and claimed to have found him on the floor, handcuffed and bleeding from the mouth, after leaving him alone in the interview room for a while.
One of the officers, identified as John Conway in the appeal court’s decision, testified that it looked as though Tran had bitten his lip and that Tran had explained his presence on the floor by saying, “I don’t know, I guess I fell.”
Tulloch, the trial judge, didn’t believe the officers.
The medical evidence showed Tran’s injuries were consistent with a blow to the jaw, not falling on the floor.
Under the circumstances, Tulloch had only two options: to stay the charges against Tran; or to reduce his sentence in recognition that his Charter rights had been seriously violated.
Tulloch opted for the latter, reducing a 28-month sentence by half and giving Tran 14 months plus three years probation.
The trial judge justified his decision by noting that the charges against Tran were serious and society has an interest in seeing these cases through to the end. While the abuse he suffered cannot be condoned, his beating at the hands of police did not affect the quality of the evidence used against him, Tulloch said.
But the appeal court said that didn’t go far enough.
Society’s interest in prosecuting a case is outweighed this time by the affront to decency and fair play caused by the officers’ serious abuses, it said.
“It is essential for the court to distance itself from this kind of state misconduct — an unwarranted, grave assault causing bodily harm, delayed medical attention, a cover up that included perjury, a prosecutorial response that affected the perception of trial fairness and no effective response,” Epstein said.
“Not to do so would be to leave the impression that it tacitly approves of it.”
The court dismissed appeals brought by two of Tran’s co-accused, Hoa Dang and Robert Johnson.
Peter Zaduk, Tran's trial lawyer, said he has been on bail but under virtual house arrest for the past three years, pending his appeal.
Monday, June 28, 2010
McGuinty won’t say why cabinet passed law in secret to give police more powers
Source: The Spec
June 28, 2010
TORONTO — There was lots of second-guessing of police actions Monday following violent G20 protests, but some of the debate focused on moves by the Ontario cabinet that critics said suspended civil liberties in Toronto and kept the new law secret.
Opposition parties and civil libertarians were outraged the Liberal cabinet gave police extra powers to question, search and detain people near the G20 fences, and then failed to inform the public until it was too late to mount a court challenge.
“The secret law was inappropriate (and) the use of mass arrests as a tool to eradicate or find 50 to 100 looters is not appropriate,” said Nathalie Des Rosiers of the Canadian Civil Liberties Association.
“It’s unconstitutional.”
Ontario Premier Dalton McGuinty has so far refused to explain why his cabinet felt it had to pass the law in secret and keep it secret.
The decision to update the 70-year-old Public Works Protection Act for the first time ever — extending rules that normally govern court houses to portions of downtown Toronto — was done because of a special request from police, McGuinty said last week.
However, the premier still hasn’t said why the decision was taken in secret by a cabinet committee without any debate in the legislature, which was sitting at the time.
The Opposition said it understood the need for police to have resources to deal with “thugs” intent on committing violence during the G20, but also wondered why the law hadn’t been made public.
“I’d have a lot more respect for Premier McGuinty if he had the courage to let the public know that the law had changed,” said Progressive Conservative Leader Tim Hudak.
“To keep that secret in a cabinet discussion and not discuss it in the legislature, was slippery and cowardly.”
Toronto Mayor David Miller expressed his frustration on the weekend that the province had not made the new law public.
Instead, the premier’s office on Monday referred reporters to a newspaper ad with the headline: What you need to know about the G20 summit.
While the ad talks about restrictions to people who want to enter the secured summit area, it makes no mention of the special powers given to police to arrest people during the G20 week.
The government said Monday that the law was “not about police powers but about property,” and merely extended the Public Works Protection Act to specific areas within the G20 security zone.
Reports of expanded police powers to arrest and detain became public knowledge Friday — weeks after the Cabinet quietly passed the regulatory change — after a protester was arrested outside the security zone.
Throughout the weekend there were reports of police stopping people throughout downtown Toronto — often in areas nowhere near the G20 fences — demanding identification and to search bags and backpacks.
The Civil Liberties Association said the secret law played a factor when police decided to make mass arrests after cars were set on fire and windows smashed during Saturday’s G20 protests.
“I think it was one of the aspects (driving police behaviour),” said Des Rosiers.
“They got frustrated and angry when some of the looting and destruction was taking place and the message was they had to catch these 50 or so Black Bloc kids and they forgot about everything else.”
Amnesty International also expressed concerns about a “curtailment of civil liberties” and demanded the federal and Ontario governments co-operate in launching an independent review of the security measures put in place for the G8 and G20 summits.
There was lots of second-guessing of police actions Monday following the sometimes violent G20 protests on the weekend, but some of the debate focused on moves by the Ontario cabinet that critics say suspended civil liberties in Toronto and kept the new law secret.
Opposition parties and civil libertarians were outraged the Liberal cabinet gave police extra powers to question, search and detain people near the G20 fences, and then failed to inform the public until it was too late to mount a court challenge.
“The secret law was inappropriate (and) the use of mass arrests as a tool to eradicate or find 50 to 100 looters is not appropriate,” said Nathalie Des Rosiers of the Canadian Civil Liberties Association.
“It’s unconstitutional.”
June 28, 2010
TORONTO — There was lots of second-guessing of police actions Monday following violent G20 protests, but some of the debate focused on moves by the Ontario cabinet that critics said suspended civil liberties in Toronto and kept the new law secret.
Opposition parties and civil libertarians were outraged the Liberal cabinet gave police extra powers to question, search and detain people near the G20 fences, and then failed to inform the public until it was too late to mount a court challenge.
“The secret law was inappropriate (and) the use of mass arrests as a tool to eradicate or find 50 to 100 looters is not appropriate,” said Nathalie Des Rosiers of the Canadian Civil Liberties Association.
“It’s unconstitutional.”
Ontario Premier Dalton McGuinty has so far refused to explain why his cabinet felt it had to pass the law in secret and keep it secret.
The decision to update the 70-year-old Public Works Protection Act for the first time ever — extending rules that normally govern court houses to portions of downtown Toronto — was done because of a special request from police, McGuinty said last week.
However, the premier still hasn’t said why the decision was taken in secret by a cabinet committee without any debate in the legislature, which was sitting at the time.
The Opposition said it understood the need for police to have resources to deal with “thugs” intent on committing violence during the G20, but also wondered why the law hadn’t been made public.
“I’d have a lot more respect for Premier McGuinty if he had the courage to let the public know that the law had changed,” said Progressive Conservative Leader Tim Hudak.
“To keep that secret in a cabinet discussion and not discuss it in the legislature, was slippery and cowardly.”
Toronto Mayor David Miller expressed his frustration on the weekend that the province had not made the new law public.
Instead, the premier’s office on Monday referred reporters to a newspaper ad with the headline: What you need to know about the G20 summit.
While the ad talks about restrictions to people who want to enter the secured summit area, it makes no mention of the special powers given to police to arrest people during the G20 week.
The government said Monday that the law was “not about police powers but about property,” and merely extended the Public Works Protection Act to specific areas within the G20 security zone.
Reports of expanded police powers to arrest and detain became public knowledge Friday — weeks after the Cabinet quietly passed the regulatory change — after a protester was arrested outside the security zone.
Throughout the weekend there were reports of police stopping people throughout downtown Toronto — often in areas nowhere near the G20 fences — demanding identification and to search bags and backpacks.
The Civil Liberties Association said the secret law played a factor when police decided to make mass arrests after cars were set on fire and windows smashed during Saturday’s G20 protests.
“I think it was one of the aspects (driving police behaviour),” said Des Rosiers.
“They got frustrated and angry when some of the looting and destruction was taking place and the message was they had to catch these 50 or so Black Bloc kids and they forgot about everything else.”
Amnesty International also expressed concerns about a “curtailment of civil liberties” and demanded the federal and Ontario governments co-operate in launching an independent review of the security measures put in place for the G8 and G20 summits.
There was lots of second-guessing of police actions Monday following the sometimes violent G20 protests on the weekend, but some of the debate focused on moves by the Ontario cabinet that critics say suspended civil liberties in Toronto and kept the new law secret.
Opposition parties and civil libertarians were outraged the Liberal cabinet gave police extra powers to question, search and detain people near the G20 fences, and then failed to inform the public until it was too late to mount a court challenge.
“The secret law was inappropriate (and) the use of mass arrests as a tool to eradicate or find 50 to 100 looters is not appropriate,” said Nathalie Des Rosiers of the Canadian Civil Liberties Association.
“It’s unconstitutional.”
Friday, June 25, 2010
Stunt was no joke
Source: Barrie Examiner
Mr. Lahey's grand entrance into downtown Barrie played out in true Trailer Park Boysstyle.
One person pulled a foolish prank and another got a ticket.
John Dunsworth, 64, who plays Jim Lahey, the deranged trailer park supervisor on the show, was seen car-surfing down Dunlop Street on route to an autograph session.
Sadly, his improv move left 17-year-old Kyle Panezutti with charges, and nearly cost him his licence and wheels.
"That kid had nothing to do with what I did. I just jumped up on his car, kind of improv, and I didn't mean for him to get in trouble," an upset Dunsworth toldThe Barrie ExaminerMonday. "I was just there for an autograph session, we played a gig up the street at Yuk Yuks."
Dunsworth was headed to Liquid Chrome, a water-pipe and lighter superstore, to meet fans and sign posters, and decided it'd be funny to hitch a ride on Panezutti's black GMC Jimmy.
Then, he had a performance with co-star Randy (Patrick Roach) at the Barrie comedy club that night.
He said the stunt wasn't planned and Panezutti didn't know it was coming. "I want people to know he (Panezutti) doesn't know me. I don't know him," Dunsworth said.
Panezutti can second that. The young man said he was merely sitting in traffic, heading down to hopefully catch a glimpse of Mr. Lahey.
But, he didn't expect to have him perched on his mom's SUV.
"I watch (Trailer Park Boys) a lot, and my buddy and I went down to see if we could meet him (Dunsworth) and get a picture," Panezutti said. "I stopped at a light near Liquid Chrome and saw him and said 'Hi' to him. Then, suddenly, I felt someone jump up on top of my car.
"I thought he'd just jump back off, but he just stayed there," he added. "But I was stopped. I wasn't driving fast down the street with him up there."
Jiri Kusak, Liquid Chrome's district manager, said the incident, and Dunsworth's presence, drew a big crowd at his store from 2 p.m. to 4 p.m.
"He (Dunsworth) actually climbed up on some guy's car and car-surfed, before being escorted into our store," Kusak said, with a laugh. "It was pretty funny. I'm guessing there were 300 people there. He drew a great crowd."
Kusak said the crowd loved the stunt, and pictures of it were actually posted on Liquid Chrome's Facebook page.
While Dunsworth insists the stunt was his fault and his idea, a nearby Barrie police officer thought otherwise. He initially charged Panezutti with stunt driving, but later lowered it to careless driving under the Highway Traffic Act.
Panezutti and his mother, Pandy Stoppert, are livid, and feel the charges should be dropped due to the joking nature of the stunt.
But Barrie Police Chief Wayne Frechette said he believes the charge was necessary.
"It's about him committing a driving offence. If I'm driving, and some guy's on my roof, I'm still the one committing the offence," Frechette said. "We're not looking to charge the other guy, on the car. I don't think we can charge him. There's no charge for stupidity.
"The officer probably talked to that guy, and I really question that guy's (Dunsworth) sanity for doing something like that. But I don't think we were wrong in charging the driver."
Stoppert is furious with Barrie police, and could hardly contain her anger while speaking with The Barrie Examiner, Monday.
"I'm livid with that officer to let this be escalated to this point," the Barrie mom said. "It started out as something weird happening, and has caused so much grief and expense. I'm still trying to get this charge abolished.
"Tell me, how is he responsib
le for an unknown person jumping on his car? I can't grasp this," she added. "I'm still in shock and really frustrated over this."
Stoppert said she actually met with Dunsworth and he accompanied her and her son to the Barrie police station Monday morning.
"He went with us and told the police it wasn't Kyle's fault," she said. "He paid the towing fee for my car, and he said he's willing to pay our legal fees when we go to court.
"He even gave Kyle and his buddy free VIP passes to the show Sunday night and he got up on stage and explained what happened to the crowd," she added.
Frechette said although the charge has been laid, there might still be some hope for Panezutti.
"He (Dunsworth) can, if he wishes, come to Barrie court and testify on the kid's behalf, maybe the judge will believe him and go easy on him," Frechette said. "Maybe it won't make any difference. You never know."
That isn't enough for Stoppert, who wants her son's name cleared. But she could see one silver lining.
"The only thing that saved Kyle is them dropping the charge, which got him his license and his car back today," she said.
ncruickshank @ thebarrieexaminer.co m
Article ID# 2572378
Mr. Lahey's grand entrance into downtown Barrie played out in true Trailer Park Boysstyle.
One person pulled a foolish prank and another got a ticket.
John Dunsworth, 64, who plays Jim Lahey, the deranged trailer park supervisor on the show, was seen car-surfing down Dunlop Street on route to an autograph session.
Sadly, his improv move left 17-year-old Kyle Panezutti with charges, and nearly cost him his licence and wheels.
"That kid had nothing to do with what I did. I just jumped up on his car, kind of improv, and I didn't mean for him to get in trouble," an upset Dunsworth toldThe Barrie ExaminerMonday. "I was just there for an autograph session, we played a gig up the street at Yuk Yuks."
Dunsworth was headed to Liquid Chrome, a water-pipe and lighter superstore, to meet fans and sign posters, and decided it'd be funny to hitch a ride on Panezutti's black GMC Jimmy.
Then, he had a performance with co-star Randy (Patrick Roach) at the Barrie comedy club that night.
He said the stunt wasn't planned and Panezutti didn't know it was coming. "I want people to know he (Panezutti) doesn't know me. I don't know him," Dunsworth said.
Panezutti can second that. The young man said he was merely sitting in traffic, heading down to hopefully catch a glimpse of Mr. Lahey.
But, he didn't expect to have him perched on his mom's SUV.
"I watch (Trailer Park Boys) a lot, and my buddy and I went down to see if we could meet him (Dunsworth) and get a picture," Panezutti said. "I stopped at a light near Liquid Chrome and saw him and said 'Hi' to him. Then, suddenly, I felt someone jump up on top of my car.
"I thought he'd just jump back off, but he just stayed there," he added. "But I was stopped. I wasn't driving fast down the street with him up there."
Jiri Kusak, Liquid Chrome's district manager, said the incident, and Dunsworth's presence, drew a big crowd at his store from 2 p.m. to 4 p.m.
"He (Dunsworth) actually climbed up on some guy's car and car-surfed, before being escorted into our store," Kusak said, with a laugh. "It was pretty funny. I'm guessing there were 300 people there. He drew a great crowd."
Kusak said the crowd loved the stunt, and pictures of it were actually posted on Liquid Chrome's Facebook page.
While Dunsworth insists the stunt was his fault and his idea, a nearby Barrie police officer thought otherwise. He initially charged Panezutti with stunt driving, but later lowered it to careless driving under the Highway Traffic Act.
Panezutti and his mother, Pandy Stoppert, are livid, and feel the charges should be dropped due to the joking nature of the stunt.
But Barrie Police Chief Wayne Frechette said he believes the charge was necessary.
"It's about him committing a driving offence. If I'm driving, and some guy's on my roof, I'm still the one committing the offence," Frechette said. "We're not looking to charge the other guy, on the car. I don't think we can charge him. There's no charge for stupidity.
"The officer probably talked to that guy, and I really question that guy's (Dunsworth) sanity for doing something like that. But I don't think we were wrong in charging the driver."
Stoppert is furious with Barrie police, and could hardly contain her anger while speaking with The Barrie Examiner, Monday.
"I'm livid with that officer to let this be escalated to this point," the Barrie mom said. "It started out as something weird happening, and has caused so much grief and expense. I'm still trying to get this charge abolished.
"Tell me, how is he responsib
le for an unknown person jumping on his car? I can't grasp this," she added. "I'm still in shock and really frustrated over this."
Stoppert said she actually met with Dunsworth and he accompanied her and her son to the Barrie police station Monday morning.
"He went with us and told the police it wasn't Kyle's fault," she said. "He paid the towing fee for my car, and he said he's willing to pay our legal fees when we go to court.
"He even gave Kyle and his buddy free VIP passes to the show Sunday night and he got up on stage and explained what happened to the crowd," she added.
Frechette said although the charge has been laid, there might still be some hope for Panezutti.
"He (Dunsworth) can, if he wishes, come to Barrie court and testify on the kid's behalf, maybe the judge will believe him and go easy on him," Frechette said. "Maybe it won't make any difference. You never know."
That isn't enough for Stoppert, who wants her son's name cleared. But she could see one silver lining.
"The only thing that saved Kyle is them dropping the charge, which got him his license and his car back today," she said.
ncruickshank @ thebarrieexaminer.co m
Article ID# 2572378
Officers charged for assault on trail
Source:Enterprise-Bulletin
Posted By SHAWN GIILCK
Two Collingwood OPP officers have been charged with assaulting a woman on the Black Ash Creek Trail.
The alleged incident occurred June 1, and OPP officials -- including Collingwood OPP detachment commander Inspector John Trude -- were tight-lipped about the details Wednesday.
"The complaint was investigated by Professional Standards, and as the matter is before the courts, I have no further comment other than the information released in the original press release," Trude stated in an email to the Enterprise-Bulletin.
According to a news release from central region media relations officer Const. Peter Leon, the OPP's Professional Standards Bureau charged two members of the Collingwood OPP detachment this morning following the investigation of an incident that occurred while both officers were off-duty.
Provincial Const. Jeremy Shiffman, 38, a five-year member of the OPP, and Provincial Const. Ashley Plumb, 26, a three-year member of the OPP have each been charged with assault.
According to police, on the morning of June 1, a 34-year-old Collingwood woman was out walking along the Black Ash Trail. At the same time, the two off-duty officers were running along the trail when a physical altercation occurred between them and the woman.
Leon said the Professional Standards Bureau commenced an investigation immediately.
Both Shiffman and Plumb are apparently avid long-distance runners, having appeared in many races around Ontario, according to an Internet search. Little else is known about them.
In a telephone interview, Leon declined to provide more details on the incident, saying the matter was "before the courts."
"I can't speak to specific details," he told theEnterprise-Bulletin.
"Once the complaint was received it was immediately investigated," he added. "The officers were placed on administrative duties once the OPP became aware of the incident and will remain working in this capacity until the conclusion of the court case."
Both Shiffman and Plumb are scheduled to appear at the Ontario Court of Justice in Collingwood on July 20
Posted By SHAWN GIILCK
Two Collingwood OPP officers have been charged with assaulting a woman on the Black Ash Creek Trail.
The alleged incident occurred June 1, and OPP officials -- including Collingwood OPP detachment commander Inspector John Trude -- were tight-lipped about the details Wednesday.
"The complaint was investigated by Professional Standards, and as the matter is before the courts, I have no further comment other than the information released in the original press release," Trude stated in an email to the Enterprise-Bulletin.
According to a news release from central region media relations officer Const. Peter Leon, the OPP's Professional Standards Bureau charged two members of the Collingwood OPP detachment this morning following the investigation of an incident that occurred while both officers were off-duty.
Provincial Const. Jeremy Shiffman, 38, a five-year member of the OPP, and Provincial Const. Ashley Plumb, 26, a three-year member of the OPP have each been charged with assault.
According to police, on the morning of June 1, a 34-year-old Collingwood woman was out walking along the Black Ash Trail. At the same time, the two off-duty officers were running along the trail when a physical altercation occurred between them and the woman.
Leon said the Professional Standards Bureau commenced an investigation immediately.
Both Shiffman and Plumb are apparently avid long-distance runners, having appeared in many races around Ontario, according to an Internet search. Little else is known about them.
In a telephone interview, Leon declined to provide more details on the incident, saying the matter was "before the courts."
"I can't speak to specific details," he told theEnterprise-Bulletin.
"Once the complaint was received it was immediately investigated," he added. "The officers were placed on administrative duties once the OPP became aware of the incident and will remain working in this capacity until the conclusion of the court case."
Both Shiffman and Plumb are scheduled to appear at the Ontario Court of Justice in Collingwood on July 20
Police officer charged with child porn
Source: Brantfordexpositor.ca
Posted By JOE BELANGER, QMI Agency
London police have charged a Brantford police officer -- already facing Police Act charges -- with possession of child pornography.
Police said the man was arrested Monday and the investigation was launched after police received a complaint about child pornography on his computer.
A source said the officer lived in London at the time of the offence, but no other details were immediately available.
Timothy McPhee, 34 years, of Woodstock is charged with possession of child pornography.
McPhee, a constable, is scheduled to face a disciplinary hearing on a Police Act charge of insubordination on July 27.
A spokesperson for Brantford police could not immediately be reached for comment, although a press release is expected to be issued later today.
Police allege McPhee accessed the Canadian Police Information Centre, or CPIC, on more than one occasion for personal reasons between Oct. 28, 2009 and Jan. 11, 2010.
CPIC is the confidential, online police information system about criminals and crimes. It is illegal to access the system unless related to an investigation or in the performance of an officer's duties.
Posted By JOE BELANGER, QMI Agency
London police have charged a Brantford police officer -- already facing Police Act charges -- with possession of child pornography.
Police said the man was arrested Monday and the investigation was launched after police received a complaint about child pornography on his computer.
A source said the officer lived in London at the time of the offence, but no other details were immediately available.
Timothy McPhee, 34 years, of Woodstock is charged with possession of child pornography.
McPhee, a constable, is scheduled to face a disciplinary hearing on a Police Act charge of insubordination on July 27.
A spokesperson for Brantford police could not immediately be reached for comment, although a press release is expected to be issued later today.
Police allege McPhee accessed the Canadian Police Information Centre, or CPIC, on more than one occasion for personal reasons between Oct. 28, 2009 and Jan. 11, 2010.
CPIC is the confidential, online police information system about criminals and crimes. It is illegal to access the system unless related to an investigation or in the performance of an officer's duties.
Thursday, June 24, 2010
Hamilton police officers face assault charges
Source: The Spec
June 24, 2010
By Nicole O’Reilly
A Hamilton police officer charged with impaired driving last month is now facing threatening and assault charges following an incident in a Cambridge bar that preceded the impaired driving incident.
A second officer, who was also in the bar on May 30, has also been charged with assault with a weapon.
Both officers were off duty at the time, and have since been suspended from front-line patrol duties with Hamilton police, said Sergeant Terri-Lynn Collings.
Waterloo Regional police spokesperson Olaf Heinzel said he could not elaborate on the disturbance in the bar, as the matter is before the courts.
The impaired charges against Kevin Farrell, 26, were laid immediately after he was pulled over around 1:30 a.m. Heinzel said an investigation in to the preceding bar incident ensued, leading to the charges announced today.
The two-year member of the Hamilton police and Stoney Creek resident now also faces charges of uttering threats to cause death or bodily harm and assault.
Caitriona Sabatini, 26, of Stoney Creek and a three-year member of the police service is charged with assault with a weapon.
Farrell was scheduled to appear in a Cambridge court today on the impaired driving charges. On today’s charges he was released on a promise to appear Aug. 19.
Sabatini was also released on a promise to appear Aug. 26.
noreilly@thespec.com
905-526-3199
June 24, 2010
By Nicole O’Reilly
A Hamilton police officer charged with impaired driving last month is now facing threatening and assault charges following an incident in a Cambridge bar that preceded the impaired driving incident.
A second officer, who was also in the bar on May 30, has also been charged with assault with a weapon.
Both officers were off duty at the time, and have since been suspended from front-line patrol duties with Hamilton police, said Sergeant Terri-Lynn Collings.
Waterloo Regional police spokesperson Olaf Heinzel said he could not elaborate on the disturbance in the bar, as the matter is before the courts.
The impaired charges against Kevin Farrell, 26, were laid immediately after he was pulled over around 1:30 a.m. Heinzel said an investigation in to the preceding bar incident ensued, leading to the charges announced today.
The two-year member of the Hamilton police and Stoney Creek resident now also faces charges of uttering threats to cause death or bodily harm and assault.
Caitriona Sabatini, 26, of Stoney Creek and a three-year member of the police service is charged with assault with a weapon.
Farrell was scheduled to appear in a Cambridge court today on the impaired driving charges. On today’s charges he was released on a promise to appear Aug. 19.
Sabatini was also released on a promise to appear Aug. 26.
noreilly@thespec.com
905-526-3199
Special constable charged with assaulting person in custody
Source: The Spec
June 24, 2010
Nicole O’Reilly
Hamilton Spectator
A Niagara Regional police special constable is facing assault charges following an incident with a person in custody.
The incident occurred April 27 when the male special constable was working in the Niagara Falls holding cell.
Police have not released any details of the incident, other than to say the 10-year police services employee was charged with assault today.
Detectives from Niagara’s policing standards unit investigated this matter.
The special constable is suspended from duty with pay while awaiting disposition.
He has been released from police custody and is scheduled to appear in a Niagara court on Aug. 20.
noreilly@thespec.com
905-526-3199
June 24, 2010
Nicole O’Reilly
Hamilton Spectator
A Niagara Regional police special constable is facing assault charges following an incident with a person in custody.
The incident occurred April 27 when the male special constable was working in the Niagara Falls holding cell.
Police have not released any details of the incident, other than to say the 10-year police services employee was charged with assault today.
Detectives from Niagara’s policing standards unit investigated this matter.
The special constable is suspended from duty with pay while awaiting disposition.
He has been released from police custody and is scheduled to appear in a Niagara court on Aug. 20.
noreilly@thespec.com
905-526-3199
Wednesday, June 23, 2010
Cop broke heroin addict's arm
Source:Cnews
By SAM PAZZANO, QMI Agency
NEWMARKET, Ont. - A hulking Toronto cop was found guilty Tuesday of assault causing bodily harm for breaking a scrawny heroin addict's arm.
Madam Justice Lucia Favret found Det. Christopher Higgins guilty of assault causing bodily harm against Gary Shuparski, then 50, on April 1, 2004, based on medical evidence and other testimony that corroborates the addict's version of events.
"It doesn't make any sense that he wouldn't have complained of (the broken arm) earlier, so he could make the police take him to the hospital," Favret said in reading her judgment.
Shuparski testified that Higgins kicked his arm "like a football" in an interview room at 51 Division while the 5-foot-7, 120-pound prisoner was on the floor, using his forearms to protect his ribs.
It's the second trial on these allegations for Higgins, 39, a 20-year veteran of the police service, who was acquitted at a 2005 trial. The Crown appealed, winning a second trial in 2007.
Shuparski received what is known as a "classic night-stick fracture" -- which usually occurs when the forearm bone, exposed in a defensive gesture, is struck by a hard object such as a baseball bat or lead pipe, court heard.
The defence is asserting Shuparski's arm was accidentally broken when 250-pound Const. Joe Pedneault and 275-pound Higgins arrested him at his North York apartment.
Favret rejected the defence version. She ruled instead that his arm was broken in an interview room at 51 Division when Shuparski was alone in the room with Higgins.
Shuparski angered the burly Higgins by using an obscenity to tell him to look up his date of birth, rather than answering the officer's question.
Shuparski, who died of a heroin overdose in 2006, testified he was punched and dropped to the floor.
He said he then shielded his ribs with his arms from Higgins' kick.
Favret noted that Shuparski was strip-searched, removing his T-shirt without difficulty, and appeared normal, if upset, by the arrest.
His immediate reaction -- profanely accusing Higgins of breaking his f---ing arm" -- and writhing in intense pain was consistent with expert medical evidence given at the trial, said Favret.
Favret will sentence Higgins on Sept. 29.
sam.pazzano@sunmedia.ca
By SAM PAZZANO, QMI Agency
NEWMARKET, Ont. - A hulking Toronto cop was found guilty Tuesday of assault causing bodily harm for breaking a scrawny heroin addict's arm.
Madam Justice Lucia Favret found Det. Christopher Higgins guilty of assault causing bodily harm against Gary Shuparski, then 50, on April 1, 2004, based on medical evidence and other testimony that corroborates the addict's version of events.
"It doesn't make any sense that he wouldn't have complained of (the broken arm) earlier, so he could make the police take him to the hospital," Favret said in reading her judgment.
Shuparski testified that Higgins kicked his arm "like a football" in an interview room at 51 Division while the 5-foot-7, 120-pound prisoner was on the floor, using his forearms to protect his ribs.
It's the second trial on these allegations for Higgins, 39, a 20-year veteran of the police service, who was acquitted at a 2005 trial. The Crown appealed, winning a second trial in 2007.
Shuparski received what is known as a "classic night-stick fracture" -- which usually occurs when the forearm bone, exposed in a defensive gesture, is struck by a hard object such as a baseball bat or lead pipe, court heard.
The defence is asserting Shuparski's arm was accidentally broken when 250-pound Const. Joe Pedneault and 275-pound Higgins arrested him at his North York apartment.
Favret rejected the defence version. She ruled instead that his arm was broken in an interview room at 51 Division when Shuparski was alone in the room with Higgins.
Shuparski angered the burly Higgins by using an obscenity to tell him to look up his date of birth, rather than answering the officer's question.
Shuparski, who died of a heroin overdose in 2006, testified he was punched and dropped to the floor.
He said he then shielded his ribs with his arms from Higgins' kick.
Favret noted that Shuparski was strip-searched, removing his T-shirt without difficulty, and appeared normal, if upset, by the arrest.
His immediate reaction -- profanely accusing Higgins of breaking his f---ing arm" -- and writhing in intense pain was consistent with expert medical evidence given at the trial, said Favret.
Favret will sentence Higgins on Sept. 29.
sam.pazzano@sunmedia.ca
Saturday, June 12, 2010
Cop charged with assaulting prisoners
Source: Toronto Sun
By TAMARA CHERRY, Toronto Sun
A west-end Toronto Police officer is accused of assaulting and threatening prisoners.
Const. Christopher Hominuk, 37, was suspended from duty Tuesday after the Toronto Police professional standards unit was alerted to allegations stemming from a May 24 incident, a Toronto Police press release said Saturday.
Investigators allege the 22 Division officer responded to a call where three men had been arrested for various alleged offences when he "assaulted two of the prisoners who were in custody," the press release said.
The 13-year constable is also accused of threatening to hurt both prisoners.
He was charged Saturday with assault, two counts of threatening bodily harm and two counts of assault with a weapon.
Police didn't say what type of call Hominuk was responding to or what offences his alleged victims were accused of.
tamara.cherry@sunmedia.ca
By TAMARA CHERRY, Toronto Sun
A west-end Toronto Police officer is accused of assaulting and threatening prisoners.
Const. Christopher Hominuk, 37, was suspended from duty Tuesday after the Toronto Police professional standards unit was alerted to allegations stemming from a May 24 incident, a Toronto Police press release said Saturday.
Investigators allege the 22 Division officer responded to a call where three men had been arrested for various alleged offences when he "assaulted two of the prisoners who were in custody," the press release said.
The 13-year constable is also accused of threatening to hurt both prisoners.
He was charged Saturday with assault, two counts of threatening bodily harm and two counts of assault with a weapon.
Police didn't say what type of call Hominuk was responding to or what offences his alleged victims were accused of.
tamara.cherry@sunmedia.ca
Thursday, June 10, 2010
Police officer facing six new charges
Source:Chatham Daily News
Posted By ERICA BAJER, THE DAILY NEWS
A Chatham-Kent Police Service officer has been arrested and charged with six criminal offences.
Const. Thomas Andrew Brown, 45, was arrested Tuesday.
Police said he is charged with with two counts of uttering threats, two counts of criminal harassment, one count of intimidation and one count of breach of an undertaking, which was entered into on a previous criminal charge.
Brown appeared in bail court Wednesday and was remanded into custody.
He is scheduled to have a bail hearing Friday.
Insp. Ed Reed said the 20- year veteran police officer was suspended with pay at the time of the alleged offences.
"We became aware of information and as a result investigated and subsequently laid the criminal charges," Reed said.
"There's not much more I can add. The matter is before the courts."
Brown is currently suspended from duty as a result of a previous arrest in January of 2009.
At that time Brown was charged with assault and break and enter, Reed said.
Those matters are still before the courts with the next scheduled date of Aug. 27.
Reed said as a result of the criminal charges in January of 2009, Brown was also charged under the Police Services Act of Ontario with two counts of discreditable conduct.
He said Brown pleaded guilty to those charges in February of this year. His sentencing hearing on the Police Services Act charges is scheduled for June 21.
Reed said Brown will likely be facing additional offences under the Act as a result of the charges laid Tuesday.
ebajer@chathamdailynews.ca
Article ID# 2616209
Posted By ERICA BAJER, THE DAILY NEWS
A Chatham-Kent Police Service officer has been arrested and charged with six criminal offences.
Const. Thomas Andrew Brown, 45, was arrested Tuesday.
Police said he is charged with with two counts of uttering threats, two counts of criminal harassment, one count of intimidation and one count of breach of an undertaking, which was entered into on a previous criminal charge.
Brown appeared in bail court Wednesday and was remanded into custody.
He is scheduled to have a bail hearing Friday.
Insp. Ed Reed said the 20- year veteran police officer was suspended with pay at the time of the alleged offences.
"We became aware of information and as a result investigated and subsequently laid the criminal charges," Reed said.
"There's not much more I can add. The matter is before the courts."
Brown is currently suspended from duty as a result of a previous arrest in January of 2009.
At that time Brown was charged with assault and break and enter, Reed said.
Those matters are still before the courts with the next scheduled date of Aug. 27.
Reed said as a result of the criminal charges in January of 2009, Brown was also charged under the Police Services Act of Ontario with two counts of discreditable conduct.
He said Brown pleaded guilty to those charges in February of this year. His sentencing hearing on the Police Services Act charges is scheduled for June 21.
Reed said Brown will likely be facing additional offences under the Act as a result of the charges laid Tuesday.
ebajer@chathamdailynews.ca
Article ID# 2616209
Wednesday, June 9, 2010
SIU charges Windsor detective with assault causing bodily harm
Source: Windsor Star
Victim needed emergency eye surgery, suffered head injuries and broken nose.
By Trevor Wilhelm and Sarah Sacheli, The Windsor Star
WINDSOR, Ont. — The province’s police watchdog has charged a Windsor detective for allegedly beating a visually impaired doctor so severely he required emergency surgery.
The Special Investigations Unit has charged Det. David Van Buskirk with assault causing bodily harm for the April 22 incident that left Dr. Tyceer Abouhassan with head injuries, a broken nose and a detached retina.
“There are still effects of the injuries being felt by him to this day,” Anthony Barile, Abouhassan’s lawyer, said Wednesday.
This is the second time the SIU has charged a Windsor police officer. The only other time was in 1993 when a detective was charged with careless use of a firearm — a charge that was later dropped.
Including the Van Buskirk case, the SIU has investigated Windsor police 28 times since 2002.
Numbers are not available for previous years, said Monica Hudon, SIU spokeswoman.
Abouhassan, 37, was jogging from the train station to his family’s home in South Windsor when Van Buskirk arrested him outside the Jackson Park Health Centre about 5 p.m. Windsor police Chief Gary Smith refused to say Wednesday if Van Buskirk was on duty at the time or why he confronted the doctor.
Van Buskirk, has remained on the job since the April incident. Smith said Van Buskirk is restricted to administrative duties, not working on the street, and there are no plans to suspend him.
Other police officers charged with crimes — including two currently before the courts on smuggling charges — have been suspended with pay.
The chief said there’s no hard and fast rule about what he must do when an officer is charged with a crime.
“It’s based on the facts that are presented at the time,” said Smith. “Everything’s done on a one-by-one basis.”
Smith also said there are no plans to bring Van Buskirk up on charges under the Police Services Act.
“I have nothing before me that would cause me to proceed with a Police Act,” said Smith. “That doesn’t mean as the case unfolds I won’t get other information. As things come out I will be constantly reassessing.”
Van Buskirk, a popular police officer who coaches a baseball team sponsored by the Windsor Police Association, is to appear in court on the assault charge July 8.
His lawyer, Andrew Bradie, who routinely represents members of the Windsor Police Association, said the officer will plead not guilty.
Workers inside the medical centre witnessed the altercation and it was captured by security cameras. It ended with an ambulance transporting Abouhassan to Hotel-Dieu Grace Hospital.
Abouhassan spent several days in hospital and underwent emergency surgery to repair a detached retina. Abouhassan had amnesia when he arrived, said his friend, Dr. Wassim Saad.
After Abouhassan was released from hospital, police charged him with assaulting a police officer. Barile said he expects, now that Van Buskirk is before the courts, the charge against Abouhassan will be dropped.
Barile will attend court on Abouhassan’s behalf when his charge is spoken to next week. “I’m hopeful the charge will be withdrawn, if not (that day), eventually.”
Smith said police charged Abouhassan without hearing his version of the events. “I didn’t have any information from the doctor. I didn’t have his side of the story. He told that to SIU. So I can only base it on the information we have before us.”
Smith wouldn’t reveal what Van Buskirk’s side of the story was.
“I can’t talk about any of the investigation,” he said.
Barile said the doctor has not filed a civil suit, but did not rule it out. “It’s never been about the money,” Barile said.
Abouhassan filed a complaint with the SIU on May 11. Barile says he filed a formal complaint with the professional standards branch at Windsor police the same day.
Despite that, Smith said Wednesday Windsor police have not heard from the doctor.
Barile said he and the doctor put their faith in the SIU and were gratified to learn Wednesday the police officer was charged.
“We are very satisfied with the way the investigation has been handled by the SIU,” Barile said. “We were confident the SIU would make the right decision.”
The SIU is a civilian agency that investigates complaints against police involving death, serious injury or sexual assault.
Abouhassan is out of town and is not available for an interview, Barile said.
Abouhassan, a graduate of the University of Western Ontario’s medical school, is finishing an endocrinology fellowship and was hoping to set up a practice here this summer. Barile said Abouhassan still intends to return to Windsor.
“Windsor is lucky to have him,” Barile said.
Van Buskirk has been a Windsor police officer for 22 years. In 1998 he pleaded guilty to discreditable conduct and neglect of duty. He and another officer posed with two topless Michigan women in front of their police cruiser. They then accompanied the women to a hotel room, spending 90 minutes inside.
Convicted under the Police Services Act, Van Buskirk was docked 60 hours’ pay.
At the time of his Police Act hearing, Van Buskirk had no black marks on his record and had earned a commendation during his then 10-year career.
Van Buskirk’s prior sanctions escaped the police chief’s memory when interviewed Wednesday.
“He’s got a good reputation internally here,” said Smith, who until reminded of the 1998 conviction, said Van Buskirk had never before been in trouble.
“I wouldn’t pay much attention to that stuff from back then.… That wouldn’t be within my scope of research on anything like this.”
Smith said the current charge against Van Buskirk is troubling.
“Assaults are always serious,” said Smith. “I’m assuming because we have faith in the system that SIU has ample grounds to lay the charge. I just don’t know what those grounds are and what the circumstances are.”
© Copyright (c) The Windsor Star
Victim needed emergency eye surgery, suffered head injuries and broken nose.
By Trevor Wilhelm and Sarah Sacheli, The Windsor Star
WINDSOR, Ont. — The province’s police watchdog has charged a Windsor detective for allegedly beating a visually impaired doctor so severely he required emergency surgery.
The Special Investigations Unit has charged Det. David Van Buskirk with assault causing bodily harm for the April 22 incident that left Dr. Tyceer Abouhassan with head injuries, a broken nose and a detached retina.
“There are still effects of the injuries being felt by him to this day,” Anthony Barile, Abouhassan’s lawyer, said Wednesday.
This is the second time the SIU has charged a Windsor police officer. The only other time was in 1993 when a detective was charged with careless use of a firearm — a charge that was later dropped.
Including the Van Buskirk case, the SIU has investigated Windsor police 28 times since 2002.
Numbers are not available for previous years, said Monica Hudon, SIU spokeswoman.
Abouhassan, 37, was jogging from the train station to his family’s home in South Windsor when Van Buskirk arrested him outside the Jackson Park Health Centre about 5 p.m. Windsor police Chief Gary Smith refused to say Wednesday if Van Buskirk was on duty at the time or why he confronted the doctor.
Van Buskirk, has remained on the job since the April incident. Smith said Van Buskirk is restricted to administrative duties, not working on the street, and there are no plans to suspend him.
Other police officers charged with crimes — including two currently before the courts on smuggling charges — have been suspended with pay.
The chief said there’s no hard and fast rule about what he must do when an officer is charged with a crime.
“It’s based on the facts that are presented at the time,” said Smith. “Everything’s done on a one-by-one basis.”
Smith also said there are no plans to bring Van Buskirk up on charges under the Police Services Act.
“I have nothing before me that would cause me to proceed with a Police Act,” said Smith. “That doesn’t mean as the case unfolds I won’t get other information. As things come out I will be constantly reassessing.”
Van Buskirk, a popular police officer who coaches a baseball team sponsored by the Windsor Police Association, is to appear in court on the assault charge July 8.
His lawyer, Andrew Bradie, who routinely represents members of the Windsor Police Association, said the officer will plead not guilty.
Workers inside the medical centre witnessed the altercation and it was captured by security cameras. It ended with an ambulance transporting Abouhassan to Hotel-Dieu Grace Hospital.
Abouhassan spent several days in hospital and underwent emergency surgery to repair a detached retina. Abouhassan had amnesia when he arrived, said his friend, Dr. Wassim Saad.
After Abouhassan was released from hospital, police charged him with assaulting a police officer. Barile said he expects, now that Van Buskirk is before the courts, the charge against Abouhassan will be dropped.
Barile will attend court on Abouhassan’s behalf when his charge is spoken to next week. “I’m hopeful the charge will be withdrawn, if not (that day), eventually.”
Smith said police charged Abouhassan without hearing his version of the events. “I didn’t have any information from the doctor. I didn’t have his side of the story. He told that to SIU. So I can only base it on the information we have before us.”
Smith wouldn’t reveal what Van Buskirk’s side of the story was.
“I can’t talk about any of the investigation,” he said.
Barile said the doctor has not filed a civil suit, but did not rule it out. “It’s never been about the money,” Barile said.
Abouhassan filed a complaint with the SIU on May 11. Barile says he filed a formal complaint with the professional standards branch at Windsor police the same day.
Despite that, Smith said Wednesday Windsor police have not heard from the doctor.
Barile said he and the doctor put their faith in the SIU and were gratified to learn Wednesday the police officer was charged.
“We are very satisfied with the way the investigation has been handled by the SIU,” Barile said. “We were confident the SIU would make the right decision.”
The SIU is a civilian agency that investigates complaints against police involving death, serious injury or sexual assault.
Abouhassan is out of town and is not available for an interview, Barile said.
Abouhassan, a graduate of the University of Western Ontario’s medical school, is finishing an endocrinology fellowship and was hoping to set up a practice here this summer. Barile said Abouhassan still intends to return to Windsor.
“Windsor is lucky to have him,” Barile said.
Van Buskirk has been a Windsor police officer for 22 years. In 1998 he pleaded guilty to discreditable conduct and neglect of duty. He and another officer posed with two topless Michigan women in front of their police cruiser. They then accompanied the women to a hotel room, spending 90 minutes inside.
Convicted under the Police Services Act, Van Buskirk was docked 60 hours’ pay.
At the time of his Police Act hearing, Van Buskirk had no black marks on his record and had earned a commendation during his then 10-year career.
Van Buskirk’s prior sanctions escaped the police chief’s memory when interviewed Wednesday.
“He’s got a good reputation internally here,” said Smith, who until reminded of the 1998 conviction, said Van Buskirk had never before been in trouble.
“I wouldn’t pay much attention to that stuff from back then.… That wouldn’t be within my scope of research on anything like this.”
Smith said the current charge against Van Buskirk is troubling.
“Assaults are always serious,” said Smith. “I’m assuming because we have faith in the system that SIU has ample grounds to lay the charge. I just don’t know what those grounds are and what the circumstances are.”
© Copyright (c) The Windsor Star
Sunday, June 6, 2010
St. Thomas Officer faces charges
Source:St.Thomas Times-Journal
Posted By KYLE REA TIMES-JOURNAL
Posted 2 days ago
A seven-year veteran of the St. Thomas Police Service is charged with two counts of discreditable conduct under the Police Services Act.
Const. Beverley Brennan is charged after the St. Thomas service launched a "comprehensive internal investigation" in April by the St. Thomas Police Service Professional Standards Branch.
A news release from Deputy Chief Darryl Pinnell says the charges are in relation to alleged off-duty use of marijuana between March, 2008, and March, 2010.
Brennan is to appear before a Police Services Act tribunal on June 18 in St. Thomas council chambers.
Supt. Frank Roselli has been appointed to preside by Peel Regional Police Service who were called in to assist St. Thomas police.
Brennan could face sanctions under the act, ranging from unpaid suspension, temporary demotion or termination.
No further details were available.
Posted By KYLE REA TIMES-JOURNAL
Posted 2 days ago
A seven-year veteran of the St. Thomas Police Service is charged with two counts of discreditable conduct under the Police Services Act.
Const. Beverley Brennan is charged after the St. Thomas service launched a "comprehensive internal investigation" in April by the St. Thomas Police Service Professional Standards Branch.
A news release from Deputy Chief Darryl Pinnell says the charges are in relation to alleged off-duty use of marijuana between March, 2008, and March, 2010.
Brennan is to appear before a Police Services Act tribunal on June 18 in St. Thomas council chambers.
Supt. Frank Roselli has been appointed to preside by Peel Regional Police Service who were called in to assist St. Thomas police.
Brennan could face sanctions under the act, ranging from unpaid suspension, temporary demotion or termination.
No further details were available.
Friday, June 4, 2010
Update: Ottawa Police charges an Ottawa Police Officer with Criminal Harassment
Source:OPS
04/06/2010
FOR IMMEDIATE RELEASE: Friday, June 4, 2010 3:50pm
(Ottawa)—As a result of charges laid by the Ottawa Police Service in February of this year, the Ontario Provincial Police will be re-commencing a 2008 court case against an Ottawa Police officer due to the officer failing to comply with conditions of a peace bond.
In November of 2008, an Ottawa Police officer was charged by the OPP with partner related assault, mischief and uttering threats to damage property. In June of 2009, the charges were stayed by way of a peace bond.
The Ottawa Police will not release the name of the officer in order to protect the victim’s privacy and prevent further victimization, as the charge relates to a domestic situation. We would request the media consider this when reporting on the matter.
The officer is scheduled to appear in Cornwall Court on June 10, 2010.
The Ottawa Police will not disclose any further information on this case in light of the fact that this matter is now before the court.
- 30 -
For information:
Media Relations Section
Tel: 613-236-1222, ext. 5366
04/06/2010
FOR IMMEDIATE RELEASE: Friday, June 4, 2010 3:50pm
(Ottawa)—As a result of charges laid by the Ottawa Police Service in February of this year, the Ontario Provincial Police will be re-commencing a 2008 court case against an Ottawa Police officer due to the officer failing to comply with conditions of a peace bond.
In November of 2008, an Ottawa Police officer was charged by the OPP with partner related assault, mischief and uttering threats to damage property. In June of 2009, the charges were stayed by way of a peace bond.
The Ottawa Police will not release the name of the officer in order to protect the victim’s privacy and prevent further victimization, as the charge relates to a domestic situation. We would request the media consider this when reporting on the matter.
The officer is scheduled to appear in Cornwall Court on June 10, 2010.
The Ottawa Police will not disclose any further information on this case in light of the fact that this matter is now before the court.
- 30 -
For information:
Media Relations Section
Tel: 613-236-1222, ext. 5366
Wednesday, June 2, 2010
Police officer suspended
Source:Chatham Daily News
A Chatham-Kent Police Service officer has been suspended following allegations of misconduct under the Police Services Act of Ontario.
Const. Stan Blonde, a six-year veteran of the service, is suspended with pay. He is facing 10 allegations under the act including one count of deceit, two counts of discredible conduct and seven counts of neglect of duty, CKPS said in a news release.
The charges are the result of an investigation by the professional standards branch of the service.
CKPS said several of the charges were laid as a result of the officer's interactions with the public and the alleged misuse of police service resources.
Blonde faces a Police Services Act hearing. A date hasn't yet been set.
A Chatham-Kent Police Service officer has been suspended following allegations of misconduct under the Police Services Act of Ontario.
Const. Stan Blonde, a six-year veteran of the service, is suspended with pay. He is facing 10 allegations under the act including one count of deceit, two counts of discredible conduct and seven counts of neglect of duty, CKPS said in a news release.
The charges are the result of an investigation by the professional standards branch of the service.
CKPS said several of the charges were laid as a result of the officer's interactions with the public and the alleged misuse of police service resources.
Blonde faces a Police Services Act hearing. A date hasn't yet been set.
OPP officer charged, suspended for uttering threats
Source:TBNEWS
A North West Region OPP officer has been charged with uttering threats, police confirmed Tuesday.
The charge follows an investigation by the OPP’s Professional Standards Bureau. It follows an incident that took place in Terrace Bay on May 30.
Few details have been released about the alleged incident, but police say Const. Gregory Sutton, 40, was charged with a count of uttering threats. Police also seized six long guns and two handguns from the officer’s residence, which resulted in two counts of unauthorized possession of a firearm.
The Constable has served with the Schreiber detachment of the OPP for about eight years. Police say the constable was off duty at the time of the incident and that the seized firearms are not related to his duties as a police officer.
Sutton has been suspended from active duties.
Sutton will appear in the Ontario Court of Justice in Thunder Bay on July 5.
A North West Region OPP officer has been charged with uttering threats, police confirmed Tuesday.
The charge follows an investigation by the OPP’s Professional Standards Bureau. It follows an incident that took place in Terrace Bay on May 30.
Few details have been released about the alleged incident, but police say Const. Gregory Sutton, 40, was charged with a count of uttering threats. Police also seized six long guns and two handguns from the officer’s residence, which resulted in two counts of unauthorized possession of a firearm.
The Constable has served with the Schreiber detachment of the OPP for about eight years. Police say the constable was off duty at the time of the incident and that the seized firearms are not related to his duties as a police officer.
Sutton has been suspended from active duties.
Sutton will appear in the Ontario Court of Justice in Thunder Bay on July 5.
Tuesday, June 1, 2010
OPP officer Charged...
Source:SIUOntario Provincial Police Officer Charged
MISSISSAUGA, ONTARIO--(Marketwire - May 31, 2010) - The Director of the Special Investigations Unit (SIU), Ian Scott, has reasonable grounds to believe that an officer with the Ontario Provincial Police (OPP) Port Credit detachment committed a criminal offence in relation to an incident involving a 24-year-old woman. Director Scott has caused a charge to be laid against the officer.
The SIU was contacted on January 8, 2010, regarding a complaint of a sexual nature against an officer with the OPP. The alleged incident occurred on December 21, 2009. The SIU was notified that on this date, the woman was stopped for driving infractions. During her interaction with the officer, the woman alleged she was sexually assaulted.
As a result of the SIU investigation, Constable Justin Maguire of the OPP is facing one charge of Sexual Assault, contrary to s. 271 of the Criminal Code of Canada.
The officer is required to appear before the Ontario Court of Justice at 2201 Finch Avenue West in Toronto on June 28, 2010. The Justice Prosecutions branch of the Ministry of the Attorney General will have carriage of the prosecution.
As this matter is now before the courts, and in consideration of the fair trial interests of the charged officer and the community, the SIU will make no further comment pertaining to this investigation.
The SIU is an arm's length agency that investigates reports involving police where there has been death, serious injury or allegations of sexual assault. Under the Police Services Act, the Director of the SIU must
•consider whether an officer has committed a criminal offence in connection with the incident under investigation
•depending on the evidence, lay a criminal charge against the officer if appropriate or close the file without any charges being laid
•report the results of any investigations to the Attorney General.
MISSISSAUGA, ONTARIO--(Marketwire - May 31, 2010) - The Director of the Special Investigations Unit (SIU), Ian Scott, has reasonable grounds to believe that an officer with the Ontario Provincial Police (OPP) Port Credit detachment committed a criminal offence in relation to an incident involving a 24-year-old woman. Director Scott has caused a charge to be laid against the officer.
The SIU was contacted on January 8, 2010, regarding a complaint of a sexual nature against an officer with the OPP. The alleged incident occurred on December 21, 2009. The SIU was notified that on this date, the woman was stopped for driving infractions. During her interaction with the officer, the woman alleged she was sexually assaulted.
As a result of the SIU investigation, Constable Justin Maguire of the OPP is facing one charge of Sexual Assault, contrary to s. 271 of the Criminal Code of Canada.
The officer is required to appear before the Ontario Court of Justice at 2201 Finch Avenue West in Toronto on June 28, 2010. The Justice Prosecutions branch of the Ministry of the Attorney General will have carriage of the prosecution.
As this matter is now before the courts, and in consideration of the fair trial interests of the charged officer and the community, the SIU will make no further comment pertaining to this investigation.
The SIU is an arm's length agency that investigates reports involving police where there has been death, serious injury or allegations of sexual assault. Under the Police Services Act, the Director of the SIU must
•consider whether an officer has committed a criminal offence in connection with the incident under investigation
•depending on the evidence, lay a criminal charge against the officer if appropriate or close the file without any charges being laid
•report the results of any investigations to the Attorney General.
Sunday, May 30, 2010
Five-year OPP officer charged following car crash
Source:ctv.ca
A 31-year-old Ontario Provincial Police constable is charged with failing to yield after a marked police cruiser crashed into a westbound vehicle as the cruiser made a U-turn, police say. Both vehicles were severely damaged in the incident.
The crash took place around 2:30 p.m. Saturday as the OPP officer inside the vehicle was trying to stop an eastbound vehicle on Highway 7 near Carleton Place, at Townline Road.
No one was injured in the collision.
Jonathan Bigford, 31, was charged with failing to yield under the Highway Traffic Act. No court date has been announced and the police continue to investigate the crash.
This is the second crash in recent days involving an OPP officer. In an unrelated incident, Organized Crime Enforcement Bureau officer John Oke was involved in a single-vehicle crash on Highway 62, north of Belleville, on Friday. His injuries were described as serious and the crash is under investigation.
A 31-year-old Ontario Provincial Police constable is charged with failing to yield after a marked police cruiser crashed into a westbound vehicle as the cruiser made a U-turn, police say. Both vehicles were severely damaged in the incident.
The crash took place around 2:30 p.m. Saturday as the OPP officer inside the vehicle was trying to stop an eastbound vehicle on Highway 7 near Carleton Place, at Townline Road.
No one was injured in the collision.
Jonathan Bigford, 31, was charged with failing to yield under the Highway Traffic Act. No court date has been announced and the police continue to investigate the crash.
This is the second crash in recent days involving an OPP officer. In an unrelated incident, Organized Crime Enforcement Bureau officer John Oke was involved in a single-vehicle crash on Highway 62, north of Belleville, on Friday. His injuries were described as serious and the crash is under investigation.
Off-duty police faces impaired driving charge
Source: The Spec
May 30, 2010
An off-duty Hamilton police officer is facing a charge of impaired driving following an incident in Waterloo Region early Sunday morning.
Kevin Farrell, a two-year member of the Hamilton Police Service, has been charged with impaired operation of a motor vehicle.
Early today, Waterloo Regional police stopped a vehicle on the belief that the driver was impaired.
The 26-year-old Stoney Creek man was released and will appear in Cambridge court on June 24.
Farrell has been suspended from operational duties with Hamilton police until further notice.
May 30, 2010
An off-duty Hamilton police officer is facing a charge of impaired driving following an incident in Waterloo Region early Sunday morning.
Kevin Farrell, a two-year member of the Hamilton Police Service, has been charged with impaired operation of a motor vehicle.
Early today, Waterloo Regional police stopped a vehicle on the belief that the driver was impaired.
The 26-year-old Stoney Creek man was released and will appear in Cambridge court on June 24.
Farrell has been suspended from operational duties with Hamilton police until further notice.
Toronto Police win CAJ secrecy award
Source: CAJ
MONTREAL, May 29 /CNW/ – The Toronto Police Service has won the Canadian Association of Journalists’ 10th annual Code of Silence award, given annually to the most secretive government agency in Canada.
“The finalists this year were all dedicated to stifling the public’s right to know, but the Toronto police richly deserve this dishonour for the sheer stamina they exhibited in trying to stymie the release of information of clear public interest,” said CAJ President Mary Agnes Welch.
The CAJ’s judges were appalled by the Toronto Police Service’s tenacious refusal to release to the Toronto Star data on arrests and details of incidents in which police stopped and documented encounters with citizens without laying charges. The police waged a seven-year legal battle with the Toronto Star, fighting the release of the information right up to Ontario’s highest court, which ultimately ruled for the Star.
The data formed the basis of a groundbreaking 2009 series in the Star called Race Matters. The Star is still appealing the $12,000 in programming fees charged by the police after the data was ordered released.
The winner was announced at the CAJ’s annual awards gala during its national conference in Montreal Saturday night.
MONTREAL, May 29 /CNW/ – The Toronto Police Service has won the Canadian Association of Journalists’ 10th annual Code of Silence award, given annually to the most secretive government agency in Canada.
“The finalists this year were all dedicated to stifling the public’s right to know, but the Toronto police richly deserve this dishonour for the sheer stamina they exhibited in trying to stymie the release of information of clear public interest,” said CAJ President Mary Agnes Welch.
The CAJ’s judges were appalled by the Toronto Police Service’s tenacious refusal to release to the Toronto Star data on arrests and details of incidents in which police stopped and documented encounters with citizens without laying charges. The police waged a seven-year legal battle with the Toronto Star, fighting the release of the information right up to Ontario’s highest court, which ultimately ruled for the Star.
The data formed the basis of a groundbreaking 2009 series in the Star called Race Matters. The Star is still appealing the $12,000 in programming fees charged by the police after the data was ordered released.
The winner was announced at the CAJ’s annual awards gala during its national conference in Montreal Saturday night.
Bryant walks
Source:Now
Cloud hangs over cyclist’s death despite dropping of criminal charges against former AG
By Enzo Di Matteo
Former Attorney General Michael Bryant was the picture of composure when he walked into a conference room of the Sheraton Centre Hotel Tuesday afternoon, May 25, to read a statement and take questions from the media about the dropping of criminal negligence and dangerous driving charges against him in the death of bike courier Darcy Allan Sheppard.
Pouring himself a glass of water without so much as a hint of nerves – no shaking of the hand or quiver of the lip you might expect at a public moment of reckoning – Bryant calmly and confidently stared down the assembled with the aplomb of a seasoned political pro.
The only hiccups in the carefully orchestrated event: his answers to the questions he knew would be coming about the night last August when Sheppard died – slammed into a fire hydrant while hanging onto Bryant’s car after a minor car-bike collision and a shouting match.
Why did Bryant keep his foot on the accelerator when Sheppard was clinging to the car? Why afterwards did he drive his damaged car to a nearby hotel? Why did he not call police immediately?
We still don’t know, really.
All Bryant could say, before his PR adviser put a stop to this line of questioning, was that it all happened very quickly: 28 seconds.
This moment was meant for contrition, but little of that emotion was shown, much like in the hours after the August 31 incident when Bryant emerged showered and suited from the cop shop, a team of crack PR spinners from Navigator working for him behind the scenes, to read a prepared statement to the press.
From what Bryant said Tuesday, it sounds like he wouldn’t have done anything differently that night except maybe linger a few minutes longer at the Danforth resto he and his wife visited earlier that evening to celebrate their anniversary.
Small consolation for Sheppard, whose vilification in the media continues. It’s now being reported that besides wrestling with the demons of alcohol addiction and childhood abuse, Sheppard may have had psychiatric problems.
It’s hard to figure who’s been on trial in the intervening months, given some of the details that have emerged in the press about Sheppard’s life, through leaks or otherwise – a final indignity from a society that, from cradle to grave, failed the victim here.
Much is being made of the fact that his blood alcohol level was twice the legal limit on the night he died.
And he’d had other run-ins with motorists in the weeks leading up to the incident involving Bryant.
It was the latter point that Richard Peck, the special prosecutor from BC recruited to review the case, seized on to conclude that there was no reasonable prospect of conviction and charges against Bryant should therefore be dropped.
Peck explains it this way in an 11-page summation read into the record in court: “No one is entitled to commit a criminal offence because the victim of that offence has a prior criminal record or has engaged in past aggressive conduct. No one ‘deserves’ to have a criminal offence committed against him, regardless of his background or prior conduct.
“The deceased’s propensity for aggressiveness or violence, however, is relevant to considering whether the accused was attacked by the deceased and to show the probability that the deceased was the aggressor in the altercation.”
The alleged prior incidents, half a dozen in all, aren’t exactly air-tight from a defence point of view, but Sheppard’s not here to defend himself, so they’re the only truth, besides Bryant’s version, the Crown seems to have relied upon.
One of these incidents several years ago involved a 76-year-old woman who may have cut him off in traffic. She described Sheppard as “like a mad man” when he chased her car on his bike afterwards.
Another involved allegations made by a woman about a cyclist weaving aggressively through traffic whom she believed to be Sheppard.
A third person who told her story to prosecutors alleged that she witnessed a cyclist riding erratically and appearing to reach into the driver’s-side window of a car to grab the steering wheel. She thinks the cyclist in question could have been Sheppard, but was not absolutely certain.
About the only concrete evidence against Sheppard – that is, evidence that didn’t involve individuals who saw his picture in the paper and went to the Crown with their stories – are photos taken by an onlooker from an office building above an incident in which Sheppard is shown hanging onto a vehicle.
But whether any of these incidents and others would have been admissible in court had the Bryant charges gone forward is debatable.
It’s arguable that none of them are material to the charges.
Sheppard’s actions involving other motorists, whatever they may have been, should have little or no bearing on whether Bryant’s actions behind the wheel of the car that night were justified. Any good lawyer can tell you that. NDP justice critic Peter Kormos has pointed out as much.
It’s Bryant’s actions that are supposed to be on trial, not Sheppard’s. But in this case, most of the onus seems to have been placed on the shoulders of the guy who ended up dead.
The legal test missing in Peck’s legal appraisal is whether it was in the public interest to proceed with the charges against Bryant. Clearly, it was.
Bryant is a high-profile person who was charged with very serious offenses. It should have been left to a judge and/or jury to decide whether his actions constituted criminal behaviour.
As Kormos rightly pointed out in his own press conference Tuesday, “It’s important for justice not only to be done but to be seen to be done.”
Would an average citizen have been accorded the same latitude by the Crown?
Obviously, the cops had grounds – or thought they did – to lay charges.
It’s unlikely they would have jumped the gun on this one, given the media scrutiny the case received because Bryant is a former cabinet minister.
So what happened?
Bryant pled self-defence, telling prosecutors he accidentally hit the back of Sheppard’s bike when the latter veered in front of him while he was driving on Bloor, and then stalled his car when he tried to restart it to move away.
At that point his car lurched forward, hitting Sheppard and causing him to land on the hood. Yet the Crown found that Sheppard “was agitated and angry, without any provocation from Mr. Bryant or his wife,” who was riding in the passenger seat.
Bryant said he panicked and tried to get away as Sheppard tried to climb into his vehicle.
Several eyewitnesses reported seeing Bryant’s car violently swerving and driving onto the sidewalk to dislodge Sheppard from the car.
Peck says their accounts of the accident “vary considerably,” including reports that Bryant was driving at a speeds of 60 to 100 kilometres an hour.
According to expert analysis, says Peck, the vehicle was travelling at about 34 km/h when a fire hydrant on the sidewalk caught Sheppard on his left side, dislodged him from the car and he struck his head on the curb or raised portion of the roadway.
Bryant’s vehicle travelled about 100 metres with Sheppard on it.
But Peck says there was none of the “proof of a reckless or wanton disregard of the lives and safety of others” on Bryant’s part required for a conviction.
Bryant insisted that his is not a story about class, privilege or politics. He said the justice system “bends over backwards” to avoid any perception of impropriety when high-profile people like him are arrested.
“Nobody’s above the law,” he said.
Only there will be no trial, so we can’t judge for ourselves.
enzom@nowtoronto.com
NOW | May 27-June 3, 2010 | VOL 29 NO 39
Cloud hangs over cyclist’s death despite dropping of criminal charges against former AG
By Enzo Di Matteo
Former Attorney General Michael Bryant was the picture of composure when he walked into a conference room of the Sheraton Centre Hotel Tuesday afternoon, May 25, to read a statement and take questions from the media about the dropping of criminal negligence and dangerous driving charges against him in the death of bike courier Darcy Allan Sheppard.
Pouring himself a glass of water without so much as a hint of nerves – no shaking of the hand or quiver of the lip you might expect at a public moment of reckoning – Bryant calmly and confidently stared down the assembled with the aplomb of a seasoned political pro.
The only hiccups in the carefully orchestrated event: his answers to the questions he knew would be coming about the night last August when Sheppard died – slammed into a fire hydrant while hanging onto Bryant’s car after a minor car-bike collision and a shouting match.
Why did Bryant keep his foot on the accelerator when Sheppard was clinging to the car? Why afterwards did he drive his damaged car to a nearby hotel? Why did he not call police immediately?
We still don’t know, really.
All Bryant could say, before his PR adviser put a stop to this line of questioning, was that it all happened very quickly: 28 seconds.
This moment was meant for contrition, but little of that emotion was shown, much like in the hours after the August 31 incident when Bryant emerged showered and suited from the cop shop, a team of crack PR spinners from Navigator working for him behind the scenes, to read a prepared statement to the press.
From what Bryant said Tuesday, it sounds like he wouldn’t have done anything differently that night except maybe linger a few minutes longer at the Danforth resto he and his wife visited earlier that evening to celebrate their anniversary.
Small consolation for Sheppard, whose vilification in the media continues. It’s now being reported that besides wrestling with the demons of alcohol addiction and childhood abuse, Sheppard may have had psychiatric problems.
It’s hard to figure who’s been on trial in the intervening months, given some of the details that have emerged in the press about Sheppard’s life, through leaks or otherwise – a final indignity from a society that, from cradle to grave, failed the victim here.
Much is being made of the fact that his blood alcohol level was twice the legal limit on the night he died.
And he’d had other run-ins with motorists in the weeks leading up to the incident involving Bryant.
It was the latter point that Richard Peck, the special prosecutor from BC recruited to review the case, seized on to conclude that there was no reasonable prospect of conviction and charges against Bryant should therefore be dropped.
Peck explains it this way in an 11-page summation read into the record in court: “No one is entitled to commit a criminal offence because the victim of that offence has a prior criminal record or has engaged in past aggressive conduct. No one ‘deserves’ to have a criminal offence committed against him, regardless of his background or prior conduct.
“The deceased’s propensity for aggressiveness or violence, however, is relevant to considering whether the accused was attacked by the deceased and to show the probability that the deceased was the aggressor in the altercation.”
The alleged prior incidents, half a dozen in all, aren’t exactly air-tight from a defence point of view, but Sheppard’s not here to defend himself, so they’re the only truth, besides Bryant’s version, the Crown seems to have relied upon.
One of these incidents several years ago involved a 76-year-old woman who may have cut him off in traffic. She described Sheppard as “like a mad man” when he chased her car on his bike afterwards.
Another involved allegations made by a woman about a cyclist weaving aggressively through traffic whom she believed to be Sheppard.
A third person who told her story to prosecutors alleged that she witnessed a cyclist riding erratically and appearing to reach into the driver’s-side window of a car to grab the steering wheel. She thinks the cyclist in question could have been Sheppard, but was not absolutely certain.
About the only concrete evidence against Sheppard – that is, evidence that didn’t involve individuals who saw his picture in the paper and went to the Crown with their stories – are photos taken by an onlooker from an office building above an incident in which Sheppard is shown hanging onto a vehicle.
But whether any of these incidents and others would have been admissible in court had the Bryant charges gone forward is debatable.
It’s arguable that none of them are material to the charges.
Sheppard’s actions involving other motorists, whatever they may have been, should have little or no bearing on whether Bryant’s actions behind the wheel of the car that night were justified. Any good lawyer can tell you that. NDP justice critic Peter Kormos has pointed out as much.
It’s Bryant’s actions that are supposed to be on trial, not Sheppard’s. But in this case, most of the onus seems to have been placed on the shoulders of the guy who ended up dead.
The legal test missing in Peck’s legal appraisal is whether it was in the public interest to proceed with the charges against Bryant. Clearly, it was.
Bryant is a high-profile person who was charged with very serious offenses. It should have been left to a judge and/or jury to decide whether his actions constituted criminal behaviour.
As Kormos rightly pointed out in his own press conference Tuesday, “It’s important for justice not only to be done but to be seen to be done.”
Would an average citizen have been accorded the same latitude by the Crown?
Obviously, the cops had grounds – or thought they did – to lay charges.
It’s unlikely they would have jumped the gun on this one, given the media scrutiny the case received because Bryant is a former cabinet minister.
So what happened?
Bryant pled self-defence, telling prosecutors he accidentally hit the back of Sheppard’s bike when the latter veered in front of him while he was driving on Bloor, and then stalled his car when he tried to restart it to move away.
At that point his car lurched forward, hitting Sheppard and causing him to land on the hood. Yet the Crown found that Sheppard “was agitated and angry, without any provocation from Mr. Bryant or his wife,” who was riding in the passenger seat.
Bryant said he panicked and tried to get away as Sheppard tried to climb into his vehicle.
Several eyewitnesses reported seeing Bryant’s car violently swerving and driving onto the sidewalk to dislodge Sheppard from the car.
Peck says their accounts of the accident “vary considerably,” including reports that Bryant was driving at a speeds of 60 to 100 kilometres an hour.
According to expert analysis, says Peck, the vehicle was travelling at about 34 km/h when a fire hydrant on the sidewalk caught Sheppard on his left side, dislodged him from the car and he struck his head on the curb or raised portion of the roadway.
Bryant’s vehicle travelled about 100 metres with Sheppard on it.
But Peck says there was none of the “proof of a reckless or wanton disregard of the lives and safety of others” on Bryant’s part required for a conviction.
Bryant insisted that his is not a story about class, privilege or politics. He said the justice system “bends over backwards” to avoid any perception of impropriety when high-profile people like him are arrested.
“Nobody’s above the law,” he said.
Only there will be no trial, so we can’t judge for ourselves.
enzom@nowtoronto.com
NOW | May 27-June 3, 2010 | VOL 29 NO 39
Friday, May 28, 2010
Police misconduct case delayed again
Source:The Spec
Doel's lawyer needs more time to study disclosure
May 28, 2010
Susan Clairmont
The lawyer for a suspended Hamilton police inspector has asked for more time to review new disclosure he will receive regarding his client.
During a conference call this morning, Toronto lawyer Harry Black requested the matter be put off so he can review a binder of material that he is expecting to receive next week. The case regarding Inspector Dave Doel has been put over a number of times already so Black can examine “voluminous” amounts of information that has been disclosed by the prosecutor.
Doel faces 14 charges under the Police Services Act. The accusations against the 26-year veteran include: having sex on duty; having pornography on his work computer; using police surveillance equipment -- specifically security cameras -- for his own purposes; obtaining access to telephone equipment under false pretenses while on duty; and using a police electronic device on police computers to get members’ personal information.
The next conference call will be held June 28.
Doel's lawyer needs more time to study disclosure
May 28, 2010
Susan Clairmont
The lawyer for a suspended Hamilton police inspector has asked for more time to review new disclosure he will receive regarding his client.
During a conference call this morning, Toronto lawyer Harry Black requested the matter be put off so he can review a binder of material that he is expecting to receive next week. The case regarding Inspector Dave Doel has been put over a number of times already so Black can examine “voluminous” amounts of information that has been disclosed by the prosecutor.
Doel faces 14 charges under the Police Services Act. The accusations against the 26-year veteran include: having sex on duty; having pornography on his work computer; using police surveillance equipment -- specifically security cameras -- for his own purposes; obtaining access to telephone equipment under false pretenses while on duty; and using a police electronic device on police computers to get members’ personal information.
The next conference call will be held June 28.
Thursday, May 27, 2010
Ottawa police officer arrested again
Source:The Recorder
Posted By RONALD ZAJAC, STAFF WRITER
An Ottawa police officer charged with assault in a domestic incident in Brockville has been re-arrested for breaching one of his bail conditions, city police said.
City police Insp. Scott Fraser said Friday morning he could not reveal any details of the latest incident.
"He had a lot of conditions and he breached one," said Fraser.
"It happened almost immediately following his release."
The accused, whom police are not naming, was in custody and scheduled to appear in Brockville court Friday afternoon for a bail hearing on a separate charge of breach of recognizance, said Fraser.
The 48-year-old officer was off duty Tuesday when the attack reportedly occurred in Brockville, where he lives.
Police are not releasing the man's name "in order to protect the victim's privacy and prevent further victimization, as the charge relates to a domestic situation."
The Ottawa police professional standards unit is also investigating the assault.
The officer had been assigned to administrative duties pending the outcome of the criminal charges.
Posted By RONALD ZAJAC, STAFF WRITER
An Ottawa police officer charged with assault in a domestic incident in Brockville has been re-arrested for breaching one of his bail conditions, city police said.
City police Insp. Scott Fraser said Friday morning he could not reveal any details of the latest incident.
"He had a lot of conditions and he breached one," said Fraser.
"It happened almost immediately following his release."
The accused, whom police are not naming, was in custody and scheduled to appear in Brockville court Friday afternoon for a bail hearing on a separate charge of breach of recognizance, said Fraser.
The 48-year-old officer was off duty Tuesday when the attack reportedly occurred in Brockville, where he lives.
Police are not releasing the man's name "in order to protect the victim's privacy and prevent further victimization, as the charge relates to a domestic situation."
The Ottawa police professional standards unit is also investigating the assault.
The officer had been assigned to administrative duties pending the outcome of the criminal charges.
Crown drops confinement, assault charges against cop
Source: The Spec
May 27, 2010
The Hamilton Spectator
(May 27, 2010)
Charges of sexual assault and forcible confinement against a Burlington police constable have been dropped after a special prosecutor from the Hamilton Crown's office determined a reasonable prospect of conviction did not exist.
Constable Melanie Fedun, 32, was charged with three counts of assault in early March after police investigated a complaint made by a man.
Halton police did not elaborate on the alleged assaults, but said the investigation was of incidents in Georgetown from February to November of last year.
Fedun, a uniformed patrol officer assigned to Burlington, had been suspended without pay.
The special prosecutor withdrew all criminal charges against her last week in the Ontario Court of Justice in Milton.
May 27, 2010
The Hamilton Spectator
(May 27, 2010)
Charges of sexual assault and forcible confinement against a Burlington police constable have been dropped after a special prosecutor from the Hamilton Crown's office determined a reasonable prospect of conviction did not exist.
Constable Melanie Fedun, 32, was charged with three counts of assault in early March after police investigated a complaint made by a man.
Halton police did not elaborate on the alleged assaults, but said the investigation was of incidents in Georgetown from February to November of last year.
Fedun, a uniformed patrol officer assigned to Burlington, had been suspended without pay.
The special prosecutor withdrew all criminal charges against her last week in the Ontario Court of Justice in Milton.
Wednesday, May 26, 2010
Two recent Toronto deaths
Source:TPAC
Two individuals have been killed by Toronto police during the past month. Both deaths have been greeted by the usual police silence about what happened.
Weilaw Duda was killed by police bullets in the port lands on April 19, and the photographs published in the newspapers make it very clear that bullets shattered the windows of the vehicle he was in. Apparently more than a dozen bullets were fired (Duda was unarmed and apparently the incident began because an officer said Duda s car injured him, although the officer was immediately released from the hospital and returned to duty), and there were at least six officers on the scene.
There is a policy in place in the Toronto police service which states: Police officers may not discharge a firearm at a vehicle for the purpose of disabling the vehicle. Police officers may not discharge a firearm at the operator or the occupants of a motor vehicle unless there exists an immediate threat of death or grievous bodily harm to an officer or to a member of the public by means other than the vehicle.
The policy was under consideration at the recent inquest into the death of a youth, Duane Christian, who was shot and killed by police in 2006. In 2006, the policy was worded slightly differently, but in 2008 it was amended to preclude shooting at drivers unless they are threatening death or grievous bodily harm by means other than the vehicle (such as by shooting at people). At the inquest the officer who did the shooting testified that he would act in the same way today in spite of the policy since he disagrees with it. A staff sergeant testified to the same effect.
TPAC has written Toronto Police Service Board members and chief asking for an
an assurance that this policy will be enforced by management. If it had been enforced, Duda would be alive today.
Last week Toronto police officers chased an 18 year old student, Junior Alexander Manon, from a car near York University, caught up to him, and then said he died of a heart attack. Selwyn Pieters, the family s lawyer, saw the body at the morgue and said The issue of a heart attack is a fiction. It seems that he died from physical force.
The Special Investigation Unit has identified the ten police officers to talk to, eight as witnesses.
Junior Manon was a well known and well liked youth in his North York neighbourhood. Hopefully independent witnesses can be tracked down to confirm what really happened. Many in Manon's Jane/Finch neighbourhood will come to the conclusion that this is an example of the ultimate form of racial profiling practiced by police. Events like this, combined with the recent massive raids on racialized and poor neighbourhoods that caught up innocent youth along with a few gang members, will sooner or later lead to social unrest. Will the police force change its ways to diffuse this situation? Will the Police Services Board intervene and show some leadership, by acknowledging these tragedies and vowing to find ways to ensure that police minimize their use of force?
Making sure the evidence fits
When civilians have been seriously injured in incidents involving police officers, the Special Investigations Unit is supposed to be called in as soon as possible in order to separate subject and witness officers and other witnesses for questioning. The SIU and many others have serious concerns that officers talk about events they have seen, agree on what happened, and then write that version of the story up in their notes. There are also concerns about cases where officers do not want to cooperate with the Special Investigations Unit, resulting in interviews that get delayed for a few hours, a few days or even a few weeks.
What has now emerged is that often the officers who think the SIU will want to talk to them, meet and retain a common lawyer. While those lawyers say they play no role in shaping a common story among their clients, legal practice is that a lawyer should share information among those he represents on a case. As the Toronto Star puts it, delicately, in an editorial on May 7, this process opens the door to potential collusion.
Worse, this practise is directly contrary to Regulation 673/98 passed under the Police Services Act. Section 6 of that regulation states The chief of police shall, to the extent that it is practicable, segregate all the police officers involved in the incident from each other until after the SIU has completed its interviews, and A police officer involved in the incident shall not communicate with any other police officer involved in the incident concerning their involvement in the incident until after the SIU has completed its interviews.
Those sections do not provide an exception if the officers happen to share a common lawyer.
The SIU has decided, along with lawyers representing the families of two men who were killed last year by the Ontario Provincial Police, to challenge this practice in a court hearing. Lawyers for the officers apparently will argue that this is not a matter the court needs to decide in this case. The day before the hearing on the motion was to begin, the Attorney General pulled its lawyers who were representing the SIU, from the case, leading to fears that the AG s office had buckled to police pressure. At the time of the publication of this newsletter, the hearing had not been completed and the court had not released a decision.
Two individuals have been killed by Toronto police during the past month. Both deaths have been greeted by the usual police silence about what happened.
Weilaw Duda was killed by police bullets in the port lands on April 19, and the photographs published in the newspapers make it very clear that bullets shattered the windows of the vehicle he was in. Apparently more than a dozen bullets were fired (Duda was unarmed and apparently the incident began because an officer said Duda s car injured him, although the officer was immediately released from the hospital and returned to duty), and there were at least six officers on the scene.
There is a policy in place in the Toronto police service which states: Police officers may not discharge a firearm at a vehicle for the purpose of disabling the vehicle. Police officers may not discharge a firearm at the operator or the occupants of a motor vehicle unless there exists an immediate threat of death or grievous bodily harm to an officer or to a member of the public by means other than the vehicle.
The policy was under consideration at the recent inquest into the death of a youth, Duane Christian, who was shot and killed by police in 2006. In 2006, the policy was worded slightly differently, but in 2008 it was amended to preclude shooting at drivers unless they are threatening death or grievous bodily harm by means other than the vehicle (such as by shooting at people). At the inquest the officer who did the shooting testified that he would act in the same way today in spite of the policy since he disagrees with it. A staff sergeant testified to the same effect.
TPAC has written Toronto Police Service Board members and chief asking for an
an assurance that this policy will be enforced by management. If it had been enforced, Duda would be alive today.
Last week Toronto police officers chased an 18 year old student, Junior Alexander Manon, from a car near York University, caught up to him, and then said he died of a heart attack. Selwyn Pieters, the family s lawyer, saw the body at the morgue and said The issue of a heart attack is a fiction. It seems that he died from physical force.
The Special Investigation Unit has identified the ten police officers to talk to, eight as witnesses.
Junior Manon was a well known and well liked youth in his North York neighbourhood. Hopefully independent witnesses can be tracked down to confirm what really happened. Many in Manon's Jane/Finch neighbourhood will come to the conclusion that this is an example of the ultimate form of racial profiling practiced by police. Events like this, combined with the recent massive raids on racialized and poor neighbourhoods that caught up innocent youth along with a few gang members, will sooner or later lead to social unrest. Will the police force change its ways to diffuse this situation? Will the Police Services Board intervene and show some leadership, by acknowledging these tragedies and vowing to find ways to ensure that police minimize their use of force?
Making sure the evidence fits
When civilians have been seriously injured in incidents involving police officers, the Special Investigations Unit is supposed to be called in as soon as possible in order to separate subject and witness officers and other witnesses for questioning. The SIU and many others have serious concerns that officers talk about events they have seen, agree on what happened, and then write that version of the story up in their notes. There are also concerns about cases where officers do not want to cooperate with the Special Investigations Unit, resulting in interviews that get delayed for a few hours, a few days or even a few weeks.
What has now emerged is that often the officers who think the SIU will want to talk to them, meet and retain a common lawyer. While those lawyers say they play no role in shaping a common story among their clients, legal practice is that a lawyer should share information among those he represents on a case. As the Toronto Star puts it, delicately, in an editorial on May 7, this process opens the door to potential collusion.
Worse, this practise is directly contrary to Regulation 673/98 passed under the Police Services Act. Section 6 of that regulation states The chief of police shall, to the extent that it is practicable, segregate all the police officers involved in the incident from each other until after the SIU has completed its interviews, and A police officer involved in the incident shall not communicate with any other police officer involved in the incident concerning their involvement in the incident until after the SIU has completed its interviews.
Those sections do not provide an exception if the officers happen to share a common lawyer.
The SIU has decided, along with lawyers representing the families of two men who were killed last year by the Ontario Provincial Police, to challenge this practice in a court hearing. Lawyers for the officers apparently will argue that this is not a matter the court needs to decide in this case. The day before the hearing on the motion was to begin, the Attorney General pulled its lawyers who were representing the SIU, from the case, leading to fears that the AG s office had buckled to police pressure. At the time of the publication of this newsletter, the hearing had not been completed and the court had not released a decision.
Bryant charges withdrawn
Source:NOWMichael Bryant, ex-AG and involved in cyclist death, will not face charges
By Enzo Di Matteo
The Sun is reporting that the special Crown appointed to review charges against former AG Michael Bryant in the horrific death of cyclist Darcy Allan Sheppard will recommend dropping the charges.
The reasons are reportedly on the basis that there is no likelihood of a conviction in the case.
Interesting reasoning, given the handful of eyewitness accounts in the minutes following the incident on Bloor where it was reported that the car Bryant was driving looked like it swerved violently before deliberately dragging Sheppard into a mailbox and other assorted street furniture on the sidewalk opposite the direction Bryant’s car was traveling.
While the prospect of conviction in this case may have been on the lower end of the scale – the waters were certainly muddied enough by the campaign of leaks undertaken by the PR firm hired by Bryant to stickhandle the controversy – it’s unlikely that they would have been completely dropped if the person behind the wheel had been anyone but a former AG.
Besides the timing of the announcement, on the day after a long holiday weekend, it’s also noteworthy that the other question, whether pursuing the charges against Bryant would have been in the public interest, is something the Crown will not be delving into to explain the dropping of charges in this case.
That’s probably because that argument would be harder for the Crown to make.
Clearly, it is in the public interest, given what we know about the nature of the incident and the fact Bryant is a high profile person of some influence, for justice not only to be done, but to be seen to be done. And that would mean a trial for Bryant before a jury of his peers to let the chips fall where they may.
Even if Bryant were found not guilty, at least the public would have some confidence that the legal test of beyond a reasonable doubt was met followed in court. Now we’ll never know. More on this story as it happens.
By Enzo Di Matteo
The Sun is reporting that the special Crown appointed to review charges against former AG Michael Bryant in the horrific death of cyclist Darcy Allan Sheppard will recommend dropping the charges.
The reasons are reportedly on the basis that there is no likelihood of a conviction in the case.
Interesting reasoning, given the handful of eyewitness accounts in the minutes following the incident on Bloor where it was reported that the car Bryant was driving looked like it swerved violently before deliberately dragging Sheppard into a mailbox and other assorted street furniture on the sidewalk opposite the direction Bryant’s car was traveling.
While the prospect of conviction in this case may have been on the lower end of the scale – the waters were certainly muddied enough by the campaign of leaks undertaken by the PR firm hired by Bryant to stickhandle the controversy – it’s unlikely that they would have been completely dropped if the person behind the wheel had been anyone but a former AG.
Besides the timing of the announcement, on the day after a long holiday weekend, it’s also noteworthy that the other question, whether pursuing the charges against Bryant would have been in the public interest, is something the Crown will not be delving into to explain the dropping of charges in this case.
That’s probably because that argument would be harder for the Crown to make.
Clearly, it is in the public interest, given what we know about the nature of the incident and the fact Bryant is a high profile person of some influence, for justice not only to be done, but to be seen to be done. And that would mean a trial for Bryant before a jury of his peers to let the chips fall where they may.
Even if Bryant were found not guilty, at least the public would have some confidence that the legal test of beyond a reasonable doubt was met followed in court. Now we’ll never know. More on this story as it happens.
Monday, May 24, 2010
Ex-police inspector guilty of fraud
Source: The Hamilton Spectator
May 23, 2010
Susan Clairmont
The Hamilton Spectator
A former police inspector who pleaded guilty on Friday to stealing money seized from drug busts claims he gave the money to charities.
Like some kind of Robin Hood, Rick Wills says he took nearly $60,000 from accused drug dealers and anonymously donated the cash to local charities "which support those people in our community affected by the ravages surrounding the illegal drug trade."
Initially Wills -- who once commanded the vice and drugs unit -- faced 54 criminal charges, but pleaded guilty to just one count of fraud over $5,000 and one count of breach of trust. A dozen pages of detailed allegations involving frauds spanning eight years from 1998 to 2006 were read into the record. Despite all that information, not one word was said during Wills's court appearance as to why he took the money.
Outside court, however, Wills gave The Spectator a brief and cryptic explanation for his crimes.
"Seized property assets, " he said. When asked if he was referring to his own case, or more generally to the system of seized property assets, Wills said he meant the whole system, insinuating there is something fishy about it. He would not elaborate.
Wills also confirmed to The Spectator that he wrote a letter that was dropped off recently to the Neighbour to Neighbour Centre.
A man came to the Athens Street centre with the letter and items to donate to the food bank, says executive director Denise Arkell.
Wills writes in his letter that he has "lived and worked in Hamilton for thirty years." He does not identify himself as a police officer.
He writes that between 2004 and 2007 he made numerous anonymous donations to more than 13 charities, totalling about $55,000.
That happens to be the same amount Wills must still make restitution for. He came to court yesterday with a $5,000 personal cheque made out to the City of Hamilton to kick off the repayment process.
His letter goes on to say that "the ledger I maintained to keep track of these donations went missing from my home in 2009 and I now find myself in circumstances where I am forced to identify these contributions." He asks if Neighbour to Neighbour can give him proof they received cash donations for $200 to $300, which were either mailed or dropped off by him.
He includes his photo and telephone number.
Arkell says she checked to see if Wills had ever made any donations to her organization under his name and he hadn't. So she didn't pursue the request any further.
Wills, a 26-year veteran, was one of Hamilton police's highest profile commanding officers before resigning under a cloud of suspicion in August 2008. Soon afterward, Hamilton police called in the OPP to investigate Wills.
While a staff sergeant in charge of vice and drugs from 1999 to 2004, Wills managed the Police Confiscated Funds account, a general bank account operated by the City of Hamilton. Cash seized from accused people was deposited in the account until their case was decided. Depending on the trial outcome, the money would either be transferred to the federal Seized Property Management Directorate or returned to the lawful owner.
But time after time, Wills requested cheques from the police accounting department, saying money had been ordered returned to the accused when it fact it hadn't. He forged the accused's signature endorsing the cheque over to himself, signed his own signature, and deposited it into his personal bank account at TD Canada Trust.
The fraud scheme was extremely unsophisticated. Particularly considering Wills once ran the major fraud unit.
For instance, Wills forged the signature of a man who was currently locked up in Kingston Penitentiary. Twice. For a total of more than $34,000.
Another time, Wills e-mailed the accountant alleging that money was to be returned to an accused. Wills said the cheque should be given to him so he could deliver it personally, since the rightful owner lived at the notorious Sandbar tavern and apartments, a now defunct crack den and flophouse. "If it gets mailed there it will likely go missing, " Wills said in his e-mail.
In a case that does not fit the pattern of the others, Wills signed out an evidence bag containing $2,775 cash seized during a drug bust involving Hamilton police and the Provincial Biker Enforcement Unit. Wills admits he did not give the money to the City of Hamilton for deposit or to the Seized Property Assets.
Wills, who is represented by Toronto lawyer John Rosen, will appear again in October to provide the court with an update on his payments. In January he will appear for sentencing.
Susan Clairmont's commentary appears regularly in The Spectator.
sclairmont@thespec.com
905-526-3539
May 23, 2010
Susan Clairmont
The Hamilton Spectator
A former police inspector who pleaded guilty on Friday to stealing money seized from drug busts claims he gave the money to charities.
Like some kind of Robin Hood, Rick Wills says he took nearly $60,000 from accused drug dealers and anonymously donated the cash to local charities "which support those people in our community affected by the ravages surrounding the illegal drug trade."
Initially Wills -- who once commanded the vice and drugs unit -- faced 54 criminal charges, but pleaded guilty to just one count of fraud over $5,000 and one count of breach of trust. A dozen pages of detailed allegations involving frauds spanning eight years from 1998 to 2006 were read into the record. Despite all that information, not one word was said during Wills's court appearance as to why he took the money.
Outside court, however, Wills gave The Spectator a brief and cryptic explanation for his crimes.
"Seized property assets, " he said. When asked if he was referring to his own case, or more generally to the system of seized property assets, Wills said he meant the whole system, insinuating there is something fishy about it. He would not elaborate.
Wills also confirmed to The Spectator that he wrote a letter that was dropped off recently to the Neighbour to Neighbour Centre.
A man came to the Athens Street centre with the letter and items to donate to the food bank, says executive director Denise Arkell.
Wills writes in his letter that he has "lived and worked in Hamilton for thirty years." He does not identify himself as a police officer.
He writes that between 2004 and 2007 he made numerous anonymous donations to more than 13 charities, totalling about $55,000.
That happens to be the same amount Wills must still make restitution for. He came to court yesterday with a $5,000 personal cheque made out to the City of Hamilton to kick off the repayment process.
His letter goes on to say that "the ledger I maintained to keep track of these donations went missing from my home in 2009 and I now find myself in circumstances where I am forced to identify these contributions." He asks if Neighbour to Neighbour can give him proof they received cash donations for $200 to $300, which were either mailed or dropped off by him.
He includes his photo and telephone number.
Arkell says she checked to see if Wills had ever made any donations to her organization under his name and he hadn't. So she didn't pursue the request any further.
Wills, a 26-year veteran, was one of Hamilton police's highest profile commanding officers before resigning under a cloud of suspicion in August 2008. Soon afterward, Hamilton police called in the OPP to investigate Wills.
While a staff sergeant in charge of vice and drugs from 1999 to 2004, Wills managed the Police Confiscated Funds account, a general bank account operated by the City of Hamilton. Cash seized from accused people was deposited in the account until their case was decided. Depending on the trial outcome, the money would either be transferred to the federal Seized Property Management Directorate or returned to the lawful owner.
But time after time, Wills requested cheques from the police accounting department, saying money had been ordered returned to the accused when it fact it hadn't. He forged the accused's signature endorsing the cheque over to himself, signed his own signature, and deposited it into his personal bank account at TD Canada Trust.
The fraud scheme was extremely unsophisticated. Particularly considering Wills once ran the major fraud unit.
For instance, Wills forged the signature of a man who was currently locked up in Kingston Penitentiary. Twice. For a total of more than $34,000.
Another time, Wills e-mailed the accountant alleging that money was to be returned to an accused. Wills said the cheque should be given to him so he could deliver it personally, since the rightful owner lived at the notorious Sandbar tavern and apartments, a now defunct crack den and flophouse. "If it gets mailed there it will likely go missing, " Wills said in his e-mail.
In a case that does not fit the pattern of the others, Wills signed out an evidence bag containing $2,775 cash seized during a drug bust involving Hamilton police and the Provincial Biker Enforcement Unit. Wills admits he did not give the money to the City of Hamilton for deposit or to the Seized Property Assets.
Wills, who is represented by Toronto lawyer John Rosen, will appear again in October to provide the court with an update on his payments. In January he will appear for sentencing.
Susan Clairmont's commentary appears regularly in The Spectator.
sclairmont@thespec.com
905-526-3539
Thursday, May 13, 2010
Government legal team pulls out of SIU case
Ministry pulls support at hearing looking into whether officers break the law
Source: Toronto Star
Attorney General Chris Bentley is being accused of bowing to police pressure following a last-minute decision to pull ministry support from a controversial court case, which will rule whether officers routinely break the law when dealing with the Special Investigations Unit.
Four lawyers, including one of the ministry’s most senior counsel, had been representing SIU director Ian Scott in the proceedings. But late Wednesday, just hours before the hearing was scheduled to begin, the SIU – an arm’s length branch of the ministry – was told to find its own representation. The SIU investigates when a civilian is seriously injured or killed by a police officer.
MPP Peter Kormos, NDP critic for Community Safety and Correctional Services, said it looks as though the Attorney General is succumbing to police pressure.
“Something is seriously amiss here and it should be disturbing to everyone. The police seem to be able to call the shots with respect to the ministry of the attorney general,” he said.
The ministry did not respond to an interview request.
Scott has asked a judge to find that OPP officers and Commissioner Julian Fantino violated a section of the police act pertaining to SIU probes.
In court filings, he has called for an end to the longstanding practice of officers having their notes and comments vetted by a police union lawyer before being interviewed by the SIU. He has also taken issue with the fact that often one lawyer represents all the officers involved, including witnesses. Because lawyers are legally obligated to share information, Scott has argued police officers are not properly being segregated.
The case, which was launched by the families of two mentally-ill men killed by OPP officers last summer, is significant because although it is focusing on these two incidents, the practice of note vetting is common across the province. If the judge agrees with Scott, it will have widespread ramifications for Ontario’s police community.
Early Wednesday, just hours before the lawyers were removed, OPP union president Karl Walsh sent out an internal memo blasting the SIU and “assistance of the Ministry of the Attorney General.”
“We will not be treated as second-class citizens and demand that the established protections already in place not are tampered with.,” Walsh wrote. “I ask that you pay particular attention to this issue and encourage you to let your elected representatives know about this unwarranted challenge to our rights and our integrity.”
The memo also revealed that the OPP union, Toronto police union, Police Association of Ontario and the Ontario Association of Chiefs of Police have pooled legal resources to fight the application.
Earlier this week, Bentley said that the ministry had not taken a position on the issue, but behind-closed doors, the police community had expressed anger over the legal support of the SIU.
Toronto Police Association President Mike McCormack said the move has nothing to do with police pressure. Ministry of the Attorney General lawyers were representing both the SIU and Fantino in the case.
“So there’s an obvious conflict there, this is the right move,” he said.
Kormos countered that the OPP and Fantino are actually part of the solicitor general’s ministry, so if anything, the conflict is with the commissioner.
“It’s very peculiar. The SIU is a part of the Attorney General’s office. It seems to me that the Ministry of the Attorney General should be representing its own body,” he said.
Source: Toronto Star
Attorney General Chris Bentley is being accused of bowing to police pressure following a last-minute decision to pull ministry support from a controversial court case, which will rule whether officers routinely break the law when dealing with the Special Investigations Unit.
Four lawyers, including one of the ministry’s most senior counsel, had been representing SIU director Ian Scott in the proceedings. But late Wednesday, just hours before the hearing was scheduled to begin, the SIU – an arm’s length branch of the ministry – was told to find its own representation. The SIU investigates when a civilian is seriously injured or killed by a police officer.
MPP Peter Kormos, NDP critic for Community Safety and Correctional Services, said it looks as though the Attorney General is succumbing to police pressure.
“Something is seriously amiss here and it should be disturbing to everyone. The police seem to be able to call the shots with respect to the ministry of the attorney general,” he said.
The ministry did not respond to an interview request.
Scott has asked a judge to find that OPP officers and Commissioner Julian Fantino violated a section of the police act pertaining to SIU probes.
In court filings, he has called for an end to the longstanding practice of officers having their notes and comments vetted by a police union lawyer before being interviewed by the SIU. He has also taken issue with the fact that often one lawyer represents all the officers involved, including witnesses. Because lawyers are legally obligated to share information, Scott has argued police officers are not properly being segregated.
The case, which was launched by the families of two mentally-ill men killed by OPP officers last summer, is significant because although it is focusing on these two incidents, the practice of note vetting is common across the province. If the judge agrees with Scott, it will have widespread ramifications for Ontario’s police community.
Early Wednesday, just hours before the lawyers were removed, OPP union president Karl Walsh sent out an internal memo blasting the SIU and “assistance of the Ministry of the Attorney General.”
“We will not be treated as second-class citizens and demand that the established protections already in place not are tampered with.,” Walsh wrote. “I ask that you pay particular attention to this issue and encourage you to let your elected representatives know about this unwarranted challenge to our rights and our integrity.”
The memo also revealed that the OPP union, Toronto police union, Police Association of Ontario and the Ontario Association of Chiefs of Police have pooled legal resources to fight the application.
Earlier this week, Bentley said that the ministry had not taken a position on the issue, but behind-closed doors, the police community had expressed anger over the legal support of the SIU.
Toronto Police Association President Mike McCormack said the move has nothing to do with police pressure. Ministry of the Attorney General lawyers were representing both the SIU and Fantino in the case.
“So there’s an obvious conflict there, this is the right move,” he said.
Kormos countered that the OPP and Fantino are actually part of the solicitor general’s ministry, so if anything, the conflict is with the commissioner.
“It’s very peculiar. The SIU is a part of the Attorney General’s office. It seems to me that the Ministry of the Attorney General should be representing its own body,” he said.
Wednesday, May 12, 2010
Chief will discipline police if warranted
Source: The SpecMay 12, 2010
Nicole O'Reilly
Hamilton Police Chief Glenn De Caire said he has not launched an internal investigation in to what happened the night Po La Hay was mistakenly arrested because it could compromise any assessment by the Office of the Independent Police Review Director.
But he is prepared to take disciplinary measure if warranted upon the recommendation of the OIPRD — a recently created civilian agency responsible for overseeing and dealing with all public complaints against police in Ontario.
And he said that he has already asked another department to investigate if the agency takes no action.
Speaking at a press conference this morning, he said he has not spoken with nor would it be inappropriate to speak with the officers involved in the incident last Tuesday that left the 58-year-old Karen refugee bruised and bleeding.
These officers have not been identified.
The complaint laid in the Hay’s case came from the public and the chief would not say how long after the incident he learned about the complaint to OIPRD. It could take more than three months before the OIPRD determines if an investigation under the Police Services Act is warranted.
At the press conference De Caire repeated the efforts the police have made to reach out to Hay, the Karen community and immigrant and refugee representatives since the incident.
Statement by Hamilton Police Chief Glenn De Caire
Today, I would like to provide a summary of the activity that has taken place related to the incident that resulted in the injuries to Mr. Po La Hay.
You are already aware that officers completed a search warrant entry and that entry turned out to be into the wrong apartment of an address here in Hamilton.
I am unable to address the issue of what took place within the apartment at this time as this is the subject of investigation and when that investigation is complete, I will be in a position to report on the findings.
On the night of the incident, realizing Mr. Hay was injured, Hamilton Police contacted the ambulance and provided assistance to Mr. Hay which included escorting him to hospital, transporting his family to be with him and arranging for interpreter services. Police remained with him until his discharge and safely transported him home.
Shortly after the incident, I directed members of the Service to attend the family residence and to set up a meeting with Mr. Hay, his family and myself. We were respectful of his desire to utilize members of the local church to assist in setting that meeting up. We were also respectful of his request that he not meet with me but that we meet with his two adult children. At the request of the family, this meeting took place here at Central. I did meet with the community representatives from the church and the two adult children of Mr. Hay and an interpreter.
I offered my apology and a commitment to meet with Mr. Hay, at a time and place, where he was comfortable. My commitment to meet with him in person and to apologize directly has never changed however the meeting has not taken place, again respecting his wishes.
I further met with the community last Thursday night and the media on Friday morning. I have spoken to the family, community representatives, and the media.
Hamilton Police Victim Services was notified and has been providing ongoing support and working with the family and the Karen Community.
At the same time, I directed our investigative staff to commence securing all related reports and evidence, knowing that this case must be investigated and that evidence preserved.
The level of injury that would require a notification of the Provincial Special Investigations Unit was not met and the Service did speak with the SIU and advised them of the known medical information. The SIU has not invoked its mandate.
The Service is aware of the need to investigate this matter, review and report the findings and to take corrective actions, which may include discipline, to ensure that we do not have this happen again.
I am informed that a complaint has been filed with the Office of the Independent Police Review Director which gives primacy in the investigation to that office. We will respect that process. We are awaiting notification of the Director’s position related to the investigation.
I am also aware and support the need for an independent review of this matter. In the event that the Independent Review Director does not decide, after initial review, to maintain carriage of this and investigate, I have already made arrangements to initiate an investigation by another police service.
We have received notification that Mr. Hay is represented by counsel and that notice requires us to deal with counsel in any and all discussions related to the case. We have been in contact with Mr. Hay’s lawyer and we will continue to respect his wishes to communicate through counsel.
I am very mindful of the impact this has had on the wider Karen and other community members and will ensure immediate and ongoing work to repair and foster healthy bridge-building between the police and the Karen and wider community.
We realize this will take time. We are committed to this work which we began in 2008 shortly after the first arrival of Karen community members in our city. We held four separate sessions with the Karen community in that year providing basic awareness information relating to police in Canada.
We continued in 2009 and have already held one session in conjunction with SISO in 2010.
We will continue this critical and necessary dialogue towards enhancing trust and fostering healthy relations.
Nicole O'Reilly
Hamilton Police Chief Glenn De Caire said he has not launched an internal investigation in to what happened the night Po La Hay was mistakenly arrested because it could compromise any assessment by the Office of the Independent Police Review Director.
But he is prepared to take disciplinary measure if warranted upon the recommendation of the OIPRD — a recently created civilian agency responsible for overseeing and dealing with all public complaints against police in Ontario.
And he said that he has already asked another department to investigate if the agency takes no action.
Speaking at a press conference this morning, he said he has not spoken with nor would it be inappropriate to speak with the officers involved in the incident last Tuesday that left the 58-year-old Karen refugee bruised and bleeding.
These officers have not been identified.
The complaint laid in the Hay’s case came from the public and the chief would not say how long after the incident he learned about the complaint to OIPRD. It could take more than three months before the OIPRD determines if an investigation under the Police Services Act is warranted.
At the press conference De Caire repeated the efforts the police have made to reach out to Hay, the Karen community and immigrant and refugee representatives since the incident.
Statement by Hamilton Police Chief Glenn De Caire
Today, I would like to provide a summary of the activity that has taken place related to the incident that resulted in the injuries to Mr. Po La Hay.
You are already aware that officers completed a search warrant entry and that entry turned out to be into the wrong apartment of an address here in Hamilton.
I am unable to address the issue of what took place within the apartment at this time as this is the subject of investigation and when that investigation is complete, I will be in a position to report on the findings.
On the night of the incident, realizing Mr. Hay was injured, Hamilton Police contacted the ambulance and provided assistance to Mr. Hay which included escorting him to hospital, transporting his family to be with him and arranging for interpreter services. Police remained with him until his discharge and safely transported him home.
Shortly after the incident, I directed members of the Service to attend the family residence and to set up a meeting with Mr. Hay, his family and myself. We were respectful of his desire to utilize members of the local church to assist in setting that meeting up. We were also respectful of his request that he not meet with me but that we meet with his two adult children. At the request of the family, this meeting took place here at Central. I did meet with the community representatives from the church and the two adult children of Mr. Hay and an interpreter.
I offered my apology and a commitment to meet with Mr. Hay, at a time and place, where he was comfortable. My commitment to meet with him in person and to apologize directly has never changed however the meeting has not taken place, again respecting his wishes.
I further met with the community last Thursday night and the media on Friday morning. I have spoken to the family, community representatives, and the media.
Hamilton Police Victim Services was notified and has been providing ongoing support and working with the family and the Karen Community.
At the same time, I directed our investigative staff to commence securing all related reports and evidence, knowing that this case must be investigated and that evidence preserved.
The level of injury that would require a notification of the Provincial Special Investigations Unit was not met and the Service did speak with the SIU and advised them of the known medical information. The SIU has not invoked its mandate.
The Service is aware of the need to investigate this matter, review and report the findings and to take corrective actions, which may include discipline, to ensure that we do not have this happen again.
I am informed that a complaint has been filed with the Office of the Independent Police Review Director which gives primacy in the investigation to that office. We will respect that process. We are awaiting notification of the Director’s position related to the investigation.
I am also aware and support the need for an independent review of this matter. In the event that the Independent Review Director does not decide, after initial review, to maintain carriage of this and investigate, I have already made arrangements to initiate an investigation by another police service.
We have received notification that Mr. Hay is represented by counsel and that notice requires us to deal with counsel in any and all discussions related to the case. We have been in contact with Mr. Hay’s lawyer and we will continue to respect his wishes to communicate through counsel.
I am very mindful of the impact this has had on the wider Karen and other community members and will ensure immediate and ongoing work to repair and foster healthy bridge-building between the police and the Karen and wider community.
We realize this will take time. We are committed to this work which we began in 2008 shortly after the first arrival of Karen community members in our city. We held four separate sessions with the Karen community in that year providing basic awareness information relating to police in Canada.
We continued in 2009 and have already held one session in conjunction with SISO in 2010.
We will continue this critical and necessary dialogue towards enhancing trust and fostering healthy relations.
Subscribe to:
Posts (Atom)
No more taxes after HST...I promise!
They had No Choice!
They wore these or I took away thier toys for 7 days!
No kidding!
"Damn Street Racer"pays with Brusies
