Pubdate: Tue, 12 Feb 2013
Source: Mississauga News (CN ON)
Copyright: The Mississauga News 2013
Contact:  http://www.mississauganews.com/
Details: http://www.mapinc.org/media/268
Author: Louie Rosella

FIVE PEEL OFFICERS AVOID DISCIPLINE, CRIMINAL CHARGES

Five Peel Regional Police officers who, according to a Superior Court 
judge, lied under oath as part of a cover-up following a 2009 drug 
sting in Mississauga, will not face Police Services Act charges.

Nearly four months after Police Chief Jennifer Evans announced the 
officers won't be charged criminally, Peel's top cop said today they 
also won't face internal discipline under the Police Act.

The officers became the subject of a Peel police internal 
investigation after the finding by Superior Court Justice Deena 
Baltman in late 2011.

"The police lied under oath in order to cover up (an) illegal search 
and persisted in their lying when confronted with the most damning of 
evidence. All these misdeeds were calculated, deliberate and utterly 
avoidable," Baltman said after one of the two men charged in the drug 
sting pleaded guilty last February. "The police showed contempt, not 
just for the basic rights of every accused, but for the sanctity of a 
courtroom."

Peel's Internal Affairs Unit finished its investigation in late 
August and forwarded its results to Ontario's Ministry of the 
Attorney General for review and consultation. That review was 
completed last October and the determination was made not to charge 
the officers criminally.

However, Evans directed that the investigation of the five officers 
continue in relation to any possible allegations of misconduct as 
defined by the Police Services Act.

"The comprehensive investigation was completed by the Professional 
Standards Bureau and the results of this investigation did not 
support misconduct charges under the Police Services Act," Evans 
said. "All allegations of misconduct against Peel Regional Police 
officers are treated seriously and investigated fully. It is 
imperative that we maintain the publics' trust and confidence."

Baltman called the conduct of the officers "reprehensible."

In September 2009, Peel police charged two Mississauga men with 
several drug-related offences. A preliminary hearing into the matter 
was held before Baltman.

On Sept. 27, 2011, Baltman delivered a ruling that "brought into 
question evidence given during the preliminary hearing by five 
members of our service," then Police Chief Mike Metcalf said.

The contents of the ruling were subject to a court-imposed publication ban.

When Tan-Hung Dinh, 28, pleaded guilty to possession of cocaine for 
the purpose of trafficking last February, the publication ban was lifted.

Charges against the second man, Phuoc Nguyen, were stayed.

Defence lawyer Leora Shemesh says previous judicial findings of 
misconduct by Peel police have been ignored and said this case is no different.

"Since last September, Internal Affairs has had a formal finding from 
a Superior Court judge who concluded the officers' conduct was 
reprehensible and should be addressed," Shemesh said. "Nothing has 
happened. No charges have been laid and Internal Affairs appears to 
be asleep at the wheel."

Shemesh represented Dinh, who avoided prison time after Baltman found 
Peel officers beat him, searched his home illegally and then came to 
court and lied about it.

Baltman cited police misconduct as the reason for excluding all 
evidence seized from Dinh's home, including two kilograms of cocaine 
and 2,000 grams of ecstasy.

The officers involved "essentially colluded and then committed 
perjury, en masse. This must be addressed in a concrete way," Baltman 
wrote in her 38-page decision.

Baltman said she deviated from a prison sentence of five to eight 
years - typical for major drug trafficking convictions - because of 
the "serious police misconduct involved."

She sentenced Dinh to a two-year conditional sentence, with the first 
half to be served under house arrest.

Dinh admitted to brokering a cocaine deal on Sept. 9, 2009 when he 
met with Cst. Ian Dann, posing as a buyer, at a motel room in Mississauga.

Dann, along with officers Jason Hobson, Jay Kirkpatrick and Steve 
Roy, were inside the room. Other officers set up surveillance 
outside. Dinh arrived in the parking lot, walked to the room and 
knocked on the door, where officers were waiting.

The fifth officer whose actions were called into question has not 
been named publicly.
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