Pubdate: Fri, 01 Feb 2008 Source: Toronto Star (CN ON) Copyright: 2008 The Toronto Star Contact: http://www.thestar.com/ Details: http://www.mapinc.org/media/456 Author: Tracy Huffman Bookmark: http://www.mapinc.org/find?236 (Corruption - Outside U.S.) HOW LENGTHY PROBE UNFOLDED The Investigation Began With A Tip From An Informant. The Central Field Command drug squad moved in, arrested, detained and strip-searched two men. While in jail, officers searched two addresses without obtaining a warrant. Once released later that day - without charges - one man filed a formal complaint. That complaint began a seven-year investigation and four years of court proceedings that ended yesterday when a judge stayed all charges against six police officers. When Toronto police officers John Schertzer, Steve Correia, Ned Maodus, Joseph Miched, Raymond Pollard and Richard Benoit were charged criminally in January 2004, it was the longest and costliest investigation into alleged corruption in the Toronto force to date. The team of officers worked together investigating drug cases, but the massive probe, led by then RCMP Chief Supt. John Neily, revealed allegations of bogus search warrants, falsified internal police documents and fabricated evidence. Senior police lawyers called the allegations "shocking" and "stunning," referring to the charged men as "seasoned officers" with "unblemished careers." Drug cases were put in jeopardy because of the allegations against the police officers and many cases - some significant - were tossed out of court. The investigation - up until the point of the charges - cost about $3 million. Yesterday, after more than a decade, all charges were stayed against the officers. October 1997 A team of Central Field Command drug squad officers arrest two men, one of whom is Memis Sipar. While Sipar is in custody, police enter two homes connected to them without obtaining search warrants. The men are released the same day with no charges laid. Sipar, through his lawyer, launches a formal complaint. April 1998 A police complaints investigator finds charges of discreditable conduct are warranted for overstepping authority in Sipar's arrest. Detectives John Schertzer and Ned Maodus, and Detective Constables Jonathon Reid, Joseph Miched and Steve Correia are charged under the Police Act. October 1998 The probe shuts down on the grounds that it took too long to notify the officers they were subjects of disciplinary proceedings. November 1998 Sipar appeals the ruling to the Ontario Civilian Commission on Police Services. Then-Toronto police chief David Boothby later intervenes in support of the appeal. April 1999 Internal Affairs detectives begin investigating a complaint made by defence lawyers who represent drug suspects who claim members of the central drug squad illegally obtained search warrants and stole cash and jewellery from them. At some unknown point, a force-wide audit of money used to pay informants also begins. June 1999 A federal prosecutor drops a case against an alleged drug trafficker rather than disclose complaint files involving Toronto drug squad officers. The judge has ordered the Crown to reveal complaints against Schertzer, Reid, Miched, Correia, and two others. October 1999 A routine audit of the force's Repeat Offender Program Enforcement group (known as the ROPE squad) turns up discrepancies in the budget for paying police informants - known as the "fink fund." December 1999 The Ontario Civilian Commission on Police Services orders the Toronto police to re-open the investigation of Sipar's complaint. Meanwhile, many more criminal cases connected to the Central Field Command drug squad are being stayed or dropped with little or no explanation. April 2000 More than 130 charges of theft, fraud and breach of trust laid against five officers from the ROPE squad. November 2000 Police charge Central Field Command drug squad officers John Schertzer, Jaroslaw Cieslik, Steve Correia, Sean McGuinness, Joseph Miched, Raymond Pollard and Jonathan Reid. They are charged with theft, fraud, forgery, uttering and breach of trust in connection with allegations that police pocketed money from the fink fund. July 2001 Police Chief Julian Fantino calls on RCMP Chief Supt. John Neily to lead an investigation into allegations of perjury, theft and corruption within the Toronto Police Service. October 2001 A key prosecution witness in the fink fund case is charged with perjury. November 2001 Charges dropped against three of five ROPE squad officers in the fink fund case. But Neily's task force makes its first arrest - Det. Const. Robert Kelly, a 12-year veteran member of the Northwest Field Command drug squad, is charged with possession of a narcotic for the purposes of trafficking. March 2002 Toronto police Const. Ned Maodus is charged by Dufferin OPP with assault, sexual assault, and firearms offences. He is suspended from duty with pay. February 2002 A Crown prosecutor stays charges against the eight drug squad officers accused in the fink fund case on the grounds that proceeding "may compromise an ongoing criminal investigation." October 2002 The last two ROPE squad officers charged in the fink fund case are exonerated, as a jury finds Det. Const. Gary Corbett and Det. Rod Lawrence not guilty. July 2002 Three officers cleared in the fink fund case launch lawsuits against investigators, two police chiefs and provincial prosecutors. January 2003 Eight Central Field Command drug squad officers charged in the fink fund case file a lawsuit against Fantino, Neily and other officials. June 2003 Robert Kelly pleads guilty to possessing 3.15 grams of cocaine. Jan. 5, 2004 Ned Maodus is charged with possession of heroin and cocaine for the purposes of trafficking and possession of ecstasy. Jan. 7, 2004 Criminal charges laid against John Schertzer, Steve Correia, Ned Maodus, Joseph Miched, Raymond Pollard and Richard Benoit. Four others are named as "unindicted co-conspirators." January 2004-December 2005 The Crown provides disclosure to the defence in stages over two years. Defence lawyers make repeated complaints to the court about the process, missing disclosure and late disclosure. January 2006 Preliminary hearing begins. Throughout the hearing, defence lawyers continue to complain about late and incomplete disclosure and express concerns about the memories of witnesses because of the time that has passed since the case began. May 2006 Preliminary hearing judge delivers his decision on committal. Some counts had been withdrawn by the Crown throughout the hearing. The officers are committed to trial on several charges. All but Benoit face one count of conspiracy to attempt to obstruct justice. Additionally, Schertzer faces three counts of attempt to obstruct justice, one count of perjury, one count of assault causing bodily harm, one count of extortion and one count of theft over $5,000. Correia faces additional charge. September 2007 Pre-trial motions begin. Jury selection is anticipated for February 2008, with a trial completion date in August 2008. January 2008 The judge hears an application by the defence requesting a stay of all charges on the grounds that their right to a fair trial has been violated because of excessive delays. Jan. 31, 2008 The defence application is granted and all charges against all six men are stayed. - --- MAP posted-by: Jay Bergstrom