Pubdate: Thu, 26 Nov 2009 Source: National Post (Canada) Copyright: 2009 Canwest Publishing Inc. Contact: http://drugsense.org/url/O3vnWIvC Website: http://www.nationalpost.com/ Details: http://www.mapinc.org/media/286 Author: Shannon Kari, National Post JUDGE ACQUITS MAN AFTER ARREST FOR 'DRIVING WHILE BLACK' Police Racial Profiling TORONTO - Two Toronto police officers engaged in racial profiling when they stopped a 25-year-old black man in his car a year ago on the false pretext that he ran a red light, an Ontario Superior Court judge has ruled. Justice Frances Kiteley excluded evidence of marijuana and cocaine seized from the car of Irshad Ahmed on Nov. 25, 2008, and acquitted him as a result of numerous violations of the Charter of Rights and Freedoms by the officers. It is believed to be only the second time a judge in Ontario has stated that a suspect was stopped by police effectively for "driving while black" and not for any legitimate purpose. "The police had no lawful basis to pull Mr. Ahmed over," said Judge Kiteley in her decision issued yesterday. "I am compelled to draw the inference that Mr. Ahmed was investigated and arbitrarily detained because of his race." The evidence of Mr. Ahmed, who has a lengthy drug-related criminal record, was found to be more credible than Toronto police officers Justyn Humeniuk and Ryan Willmer, who "lied" about the red light infraction, said Judge Kiteley. Gary Grill, who represented Mr. Ahmed, noted that it was nearly 15 years ago that a provincial commission stated that racial profiling existed in Ontario. "Nothing has been done to address the findings of that commission. Police are still pulling people over based on the colour of their skin," said Mr. Grill. The judge heard that Mr. Ahmed was driving his car in a section of northwest Toronto, along with the girlfriend of his cousin, when he stopped at a red light. The officers pulled up in the next lane. About a minute later, after accessing a police database, the officers pulled over Mr. Ahmed. They did not tell him the reason for the stop and refused to let him call his lawyer. The officers found marijuana and a package later alleged to be more than half a kilogram of cocaine in the car. "It looks like you're making a delivery. If that is all it is we can help you. Or are you just a big-time dealer," the court heard the officers said to Mr. Ahmed, who did not respond. The officers testified they saw five or six "hits" on the police database in their car, including one that described Mr. Ahmed as violent. Evidence at the trial disclosed that mobile terminals then in Toronto police vehicles were not equipped to show more than three hits after a query. It was also revealed the officers discussed their testimony, in breach of an order by the judge. "I asked the Crown why I should believe and rely on the evidence of either officer. Crown counsel could not give me a reason," noted Judge Kiteley. While his client has prior convictions, that does not justify the actions of police, said Mr. Grill. "You cannot pull someone over simply because they have a criminal record," he said. Mr. Ahmed, who has been in custody since his arrest a year ago, was ordered released by Judge Kiteley. The November, 2008, incident is not the first time a judge has criticized police for its conduct in arresting Mr. Ahmed. Justice William Bassel ruled last year that Toronto police used excessive force when Mr. Ahmed was Tasered during a February 2006 arrest in the city's entertainment district. The officers were found to be untruthful in denying threats made against Mr. Ahmed that were caught on audiotape. - --- MAP posted-by: Jo-D