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.
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