Pubdate: Fri, 12 May 2006
Source: Globe and Mail (Canada)
Copyright: 2006, The Globe and Mail Company
Contact:  http://www.globeandmail.ca/
Details: http://www.mapinc.org/media/168
Author: Hayley Mick

LAWYER DEMANDS ANSWERS ON POLICE CONDUCT

Says Officer Must Explain Allegations

A senior Toronto officer who probed allegations of corruption that 
led to criminal charges against six colleagues has "a duty" to 
disclose police wrongdoings that he alleges have been covered up, a 
lawyer for one of the accused says.

Sergeant Jim Cassells, who has been on the force for 29 years with an 
unblemished record, was quoted last week as saying he is committed to 
telling "the truth" about Toronto Police wrongdoings that may be 
painful and have been "swept under the carpet."

His comments suggest there may have been other officers, and possibly 
senior commanders, involved in the corruption case, which is before the courts.

"Certain things are going to come out," Sgt. Cassells's lawyer, Leo 
Kinahan, said yesterday. He would not comment further.

Staff Superintendent Tony Corrie, head of the Toronto Police 
professional-standards unit, said yesterday that "it is possible" 
Sgt. Cassells's information is relevant to the probe of the 
now-disbanded central field command drug squad.

He anticipates a more complete disclosure of information from Sgt. 
Cassells "very shortly," he said.

So far nobody -- not Sgt. Cassells, his lawyer, or Toronto Police 
Services representatives -- has saidpublicly what his allegations are.

Sgt. Cassells made his first appearance before a police services 
tribunal yesterday. He faces one count of misconduct for talking to a 
reporter in November of 2005 about an investigation that was in 
progress. He's also being investigated on two charges of 
insubordination and breach of confidence, but has not been charged.

The notice outlining the misconduct charge does not specify what 
information was allegedly leaked last November to Toronto Star 
reporter John Duncanson.

Sgt. Cassells was part of an RCMP-led task force that investigated 
corruption within the Toronto Police Service, leading to six drug 
squad officers being charged with extortion, perjury and assault in 2004.

Pretrial motions have been completed, and a judge is expected to rule 
on May 29 whether the case goes to trial.

Peter Brauti, a lawyer for retired constable Joe Miched, one of the 
six officers charged, said the comments have left him "concerned."

"The report suggests that there may have been misconduct at high 
levels in the organization, which are the very levels in which 
decisions are made," he said.

That information could assist the defence, he said.

"If [Sgt. Cassells] does have it, he's got a duty to provide it to 
us," Mr. Brauti said.

Staff Supt. Corrie said that if Sgt. Cassells's information is 
relevant to the drug-squad investigation, he will have to notify the 
Crown, which will then tell defence lawyers.

Sgt. Cassells's lawyer said yesterday that he has not been approached 
by any other lawyers in the case.

He would not confirm whether Sgt. Cassells was alluding to the 
drug-squad investigation when he spoke out last week. He would say 
only that his client was speaking out against wrongdoings he felt had 
not been adequately addressed.

Mr. Kinahan wants an independent party to rule on the hearing into 
the misconduct charge. "For the issue of transparency it just makes 
sense to have somebody who is completely independent of Sgt. Cassells 
and the Toronto Police Service hearing the matter," he said.

Staff Supt. Corrie said the police want to address Sgt. Cassells's 
concerns. "If he's concerned that this organization has not totally 
investigated a matter that should be treated very seriously, then 
we're very interested to hear from him on that," he said. "We have 
ensured him that we want to thoroughly investigate all of his concerns."

Sgt. Cassells's next appearance at his hearing is scheduled for June 
21. He is continuing his regular duties as a supervisor at traffic services.
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MAP posted-by: Beth Wehrman