Pubdate: Thu, 08 Jan 2004 Source: National Post (Canada) Copyright: 2004 Southam Inc. Contact: http://www.nationalpost.com/ Details: http://www.mapinc.org/media/286 Authors: Allan Woods and Dawn Cuthbertson, National Post RCMP ALLEGES DEEP ROT IN DRUG SQUAD Toronto Officers With 'Unblemished Careers' Charged With 40 Counts Of Corruption TORONTO - Six former drug squad officers with Toronto police are facing 40 criminal charges including extortion, theft and obstruction of justice after a two-year, multi-million-dollar investigation into corruption in the now disbanded unit. Staff Sergeant John Schertzer, constables Steve Correia, Ray Pollard, Ned Maodus and Richard Benoit, as well as former constable Joseph Miched, who retired in October, 2003, appeared in court yesterday. More than a dozen officers showed up to support them. "I am deeply saddened and disappointed," said Toronto police Chief Julian Fantino. "Without a doubt and from all points of view, this whole situation is indeed quite regrettable.... Although I would have preferred a different outcome, I know that the public interest has been well-served." At least 115 criminal charges laid by the Toronto drug squad have been stayed since RCMP Chief Superintendent John Neily launched his investigation in August, 2001 -- at Chief Fantino's request-- into corruption allegations dating back to 1995. The allegations relate to falsified notes and internal police records, false testimony in court, false information sworn to obtain search warrants and failing to account for evidence seized from crime scenes, such as drugs or money, Chief Supt. Neily said. "In this case, the evidence led to a small group of individuals within the Toronto Police Service who, the special task force alleges, chose to involve themselves in criminal activity," Chief Supt. Neily said at a packed news conference. "Criminal activity is an individual choice that has no justification. Police officers are not above the law." Gary Clewley, a lawyer for the Toronto Police Association, the force's 7,000-member union, said his clients must be presumed innocent, no matter how serious the allegations or lengthy the investigation. "These people have an unblemished career.... These are seasoned officers and they intend to defend themselves vigorously," he said. "They expect the judicial system to treat them fairly like everybody else." The five officers have been suspended with pay until the outcome of the criminal trial. Chief Supt. Neily said the charges are based on hundreds of thousands of pages of documents and interviews with more than 400 people. In the waning months of the investigation, Crown prosecutors reviewed the evidence, selecting only those instances where they believed charges would result in certain conviction. "Those cases that did not meet this standard were set aside," Chief Supt. Neily said, refusing to say how many other potential charges were passed over. Some of the evidence collected by the task force, which consisted of 40 officers at its peak, has already resulted in charges against Detective Constable Robert Kelly, a member of a separate team within the drug squad, for possession of cocaine. In court, he admitted to using drugs while on the job. The findings of the task force have also caused the courts to overturn two prior drug convictions investigated by the drug squad. One of those cases involved Simon Yeung, who was convicted of possessing and trafficking cocaine and sent to a Kingston penitentiary before the conviction was quashed in 2001. Mr. Yeung filed a $2.7-million lawsuit against the force and two officers last year. Jim Leising, the Department of Justice's director of federal prosecutions in Ontario, said the federal government will review the task force findings to see whether any other convictions involving the drug squad should be overtur ned. "We certainly want to protect against anyone from being wrongfully convicted," Mr. Leising said. Const. Maodus, a 15-year-officer, was first suspended with pay after being criminally charged with sexual assault, uttering threats and pointing a firearm, all against a female victim, in March, 2002. Earlier this week, he was charged by the task force with possession of heroin and cocaine for the purpose of trafficking and possession of Ecstasy. Since the probe began, the drug squad officers, known as the Schertzer Crew for the 28-year-officer who led the unit, have filed a civil suit against Chief Supt. Neily, Chief Fantino, Crown attorneys and others, alleging they are the subject of a witch hunt. Rick McIntosh, president of the police union, said that the officers are frustrated. "I've never heard of an investigation that takes this long to do by police," Mr. McIntosh said. "That part is frustrating and now the officers have a couple more years [in court] until they can clear their names. "They've said to me they have faith in the justice system," he added. Five of the men were released on $25,000 bail yesterday. Const. Maodus's bail was set at $35,000 and he is not allowed to associate with his co-accused, leave Ontario, live anywhere but at his parents' home in Windsor, own weapons or ammunition or possess drugs unless they are prescribed. Their next court appearance is Feb. 25 at 2 p.m. at Old City Hall. - --- MAP posted-by: Richard Lake