Pubdate: Wed, 13 Feb 2008
Source: Toronto Sun (CN ON)
Copyright: 2008, Canoe Limited Partnership.
Contact:  http://torontosun.com/
Details: http://www.mapinc.org/media/457
Author: Antonella Artuso

COP COMPLAINTS FUTILE EXERCISE?

Lawyers See Failure To Prosecute As Troubling

The failed prosecution of the Toronto Police drug squad  corruption
charges has raised questions about the  impartiality of the Crown and
has had a "chilling  effect" on police complaints, Ontario criminal
lawyers  say.

Edward Sapiano, one of the original nine lawyers who  blew the whistle
on police wrongdoing, said there is a  broad perception that laying a
complaint against a cop  is a waste of time.

"Am I suggesting the attorney general deliberately  threw this case?
Let me point out that the law, that we  are all subject to, allows
that one can infer a person  intends the natural consequences of their
actions,"  Sapiano said.

SEPARATION NEEDED

Peter Zaduk, of the Ontario Criminal Lawyers  Association, said this
case is a prime example of why a  separate investigation and
prosecution arm is needed to  deal with allegations against police
officers.

"The Ontario Criminal Lawyers Association is  particularly concerned
on the chilling effect on  legitimate complainants of police abuse in
light of  this sorry spectacle, this giant prosecution, lumbering  to
a fall after 10 years," Zaduk said. "What message  does that send to
someone who has a legitimate  complaint about the police to come
forward and pursue  it. It has to be chilling; it has to be a
significant  deterrent."

Justice Ian Nordheimer threw out corruption charges  against six
officers after finding that the "glacial"  pace of the prosecution
caused an unreasonable delay in  the trial.

Sapiano and Zaduk believe the government's appeal of  Nordheimer's
decision is likely to fail and are calling  for a full, independent
public inquiry.

Sapiano said he personally believes that there was a  politically
motivated reason for the appeal, which  delays a public inquiry.

Attorney General Chris Bentley said yesterday that from  the crown's
perspective, the appeal will move as  quickly as possible.

In the meantime, Bentley said he will be implementing  changes that
will help large, complex cases move with  more ease through the
justice system.

NDP Justice Critic Peter Kormos said this case has  raised serious
questions that only a transparent and  independent review can answer.

CONCERNS WILL INCREASE

"The concerns in the communities across the province  about the
attorney general's mishandling of this  prosecution are not only not
going to go away, they're  going to compound every day that the
government doesn't  call a public inquiry," Kormos said.

Conservative Leader John Tory said he hopes that the  appeal is not
based on political expediency.

"There's no reason we can't get on with studying the  absolute fiasco
and train wreck that is the justice  system today." Tory said.
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MAP posted-by: Derek