Pubdate: Fri, 25 Jan 2013
Source: Toronto Star (CN ON)
Copyright: 2013 The Toronto Star
Contact:  http://www.thestar.com/
Details: http://www.mapinc.org/media/456
Author: Alex Ballingall
Note: With files from Laura Kane

OFFICER 'TERMINATOR' VIOLATED CHARTER RIGHTS WITH STRIP SEARCH, JUDGE
RULES

A veteran Toronto police officer who called himself The Terminator
"egregiously violated" the Charter rights of a 22-year-old man by
subjecting him to "an unlawful and humiliating strip search in a
public place," an Ontario Superior Court judge has ruled.

Const. Irwin Correa, an officer with the Toronto Anti-Violence
Intervention Strategy (TAVIS), was singled out in the decision as
"intimidating, overbearing and oppressive" during the questioning and
arrest of Ohene Darteh in September 2010.

The judge also dismissed a possession of cocaine charge against
Darteh.

Judge Brian O'Marra ruled that police stopped and detained him using
the Highway Traffic Act as an "illegitimate ruse."

Darteh alleged police planted a bag of cocaine after he was roughed up
and put in a squad car; he was taken to hospital with back injuries.
Correa declined to comment Thursday, other than to say: "My record
speaks for itself."

Const. Wendy Drummond said the Toronto Police Service couldn't comment
on whether anyone involved would face disciplinary action as they only
just became aware of O'Marra's judgment, issued Wednesday.

She said the Toronto police Professional Standards Investigative Unit,
which ensures proper police conduct and compliance with the Police
Service Act, has been notified.

"We have to take a serious look at this decision, and we will take
whatever steps are necessary," said Drummond.

Darteh, an immigrant from Ghana who speaks "some English" according to
the ruling, was riding his bike near St. Clair Ave. W. and Runnymede
Rd. shortly after noon on Sept. 1, 2010. He was stopped by Correa and
two other TAVIS officers, Const. Shaun Roy and Const. Jason Uher,
O'Marra's ruling states.

Correa testified Darteh rode his bike through a crosswalk, a violation
of the Highway Traffic Act; people stopped for violating the act are
obliged to identify themselves to police. According to Darteh's
version of events, accepted as true by O'Marra, he readily identified
himself when approached by Correa.

When asked to hold up his shirt, Darteh testified that he complied out
of fear. Uher and Roy then each held one of his arms as Correa pulled
Darteh's pants and underwear down to his ankles, exposing him "naked
below the waist for about one minute," according to the ruling. Darteh
said the officers laughed at him.

Subsequently, when he asked for Correa's name and badge number, he
testified that the officer responded by saying: "I am called the
Terminator." He then put Darteh in a headlock, forced him to the
ground, Darteh testified.

The ruling notes Darteh stated he "received further blows to his back
and rib area." O'Marra notes that under cross-examination, Correa said
people called him The Terminator when he worked in Parkdale "many
years ago." O'Marra called it "a fact" that Correa used the name,
consistent with his effort to intimidate Darteh.

Darteh's lawyer Anna Martin called the case "shocking" and said she
will push for a police investigation.

"The facts of this case were particularly disturbing," she said. "This
is beyond concerning in terms of citizens who want to know that their
police will act with honesty and integrity."

Testimony from officers on the scene - Uher, Correa, Roy and two
others who arrived to arrest Darteh - describes two pat-down searches
before Darteh was put in the back of the police car.

But as Darteh was being escorted to an ambulance called due to his
injuries, Correa produced a bag of cocaine from the back of the police
car. O'Marra ruled that it is "far from clear" that the drugs belonged
to Darteh, who wore pants with no pockets and was searched three times
- - including the strip search.

Correa testified Darteh refused to identify himself and started the
scuffle by pushing Correa in the chest and was "struggling violently,"
according to O'Marra's summary. O'Marra dismissed Correa's testimony
as "untruthful and unreliable," finding it "highly improbable" that
Darteh would "initiate physical contact with a larger uniformed
officer while two other uniformed officers are present."

Correa is 6-foot-1 and 230 pounds, while Darteh is 5-foot-5 and weighs
between 170 and 180, according to the ruling.

Aside from possession, Darteh was charged with assaulting police and
resisting arrest, both of which were dropped before the trial.

Now 25, Darteh has been stopped and had his information recorded by
Toronto police - a controversial practice known as "carding" - on at
least two occasions, including once by Correa in August 2009, when
Darteh was identified as a member of the "Crips" gang, according to
the ruling.

O'Marra found no evidence of "any gang affiliation."

- - With files from Laura Kane 
- ---
MAP posted-by: Jo-D