Pubdate: Sat, 16 Jan 2010 Source: Toronto Star (CN ON) Copyright: 2010 The Toronto Star Contact: http://www.thestar.com/ Details: http://www.mapinc.org/media/456 Author: Peter Small DRUG SQUAD CASE TAKEN TO TOP COURT Five Former Officers Want New Trial Rejected Five former Toronto drug squad officers are asking the Supreme Court of Canada to overturn a ruling that forces them back to trial on police corruption charges. Lawyers for John Schertzer, Steven Correia, Joseph Miched, Ned Maodus and Raymond Pollard want the country's highest court to overturn a decision issued last October, in which Ontario's Court of Appeal rejected a lower-court ruling that their right to a fair trial had been infringed by delays. The five are alleged to have falsified notes, robbed and beaten drug dealers, and conducted illegal searches between 1997 and 2002. Peter Brauti, lawyer for Miched, said it might be four months before the Supreme Court rules on whether it will hear their appeal. "We're seeing the process right through to the end," Brauti said. In documents filed with the Supreme Court, the five former officers argue the three appeal court judges made several legal errors. For instance, they say, the judges failed to give due deference to the conclusions of Superior Court Justice Ian Nordheimer, who stayed the charges against the officers in January 2008, ruling their right to a timely trial had been breached by the "glacial" pace it took the Crown to disclose mountains of evidence. The appeal judges overturned his ruling for five of the former drug squad officers, while upholding it for a sixth, Richard Benoit. The officers also argue the appeal court was wrong in holding that 52 of the 56 months of delays were inherent time requirements. As well, they say the court erred in failing to blame the Crown for the time needed by the defence to seek redress for a lack of timely disclosure. Their case is one of two major police corruption trials recently tossed out over alleged delays. On Dec. 7, charges were stayed against Const. George Kouroudis and former constables William McCormack Jr. and Rick McIntosh. The Crown is not appealing. - --- MAP posted-by: Keith Brilhart