Police officers who lie
I have personally run across
two police officers who gave false testimony against me in court. The first one
was a Toronto Police Service cop who testified that I never served him with a
summons when in fact, I saw him actually reading it seconds after I gave it to
him. I got my revenge. I filed a complaint against him and subsequently, his
promotion was held up for five years. The second cop was employed by the Halton
Police Force and he testified under oath that he never read my complaint
against him which prompted him to charge me with a minor offence. I got my
revenge a second time. I waited until he reached the rank of chief of police
then I filed a complaint against him for perjury. I testified against him at
his hearing and he was subsequently dismissed from the police force without his
pension.
When police officers lie in court, it is typically used in a
criminal trial to "make the case" against a defendant who the police
believe to be guilty when irregularities during the suspect's arrest or search
threaten to result in an acquittal. It has broader meanings. It also can be
extended further to encompass substantive misstatements of fact for the purpose
of convicting those whom the police believe to be guilty, or even to include
statements to frame an innocent citizen who is not guilty.
Police officers who stray from the truth by embellishing
their own testimony particularly when no evidence contradicts them; it is a form
of police corruption.
There seems to be little doubt that this malevolent practice
occurs everywhere and it is not limited to just a few countries.
In the early 1990s, the Mollen Commission peeled away layers of falsehood in
the New
York City Police Department, including false statements by police officers on warrant
applications and lying to establish probable cause for stopping and searching
vehicles. However this problem wasn‘t just limited to any one area or police
department in the United States and elsewhere. The problem has become so acute
that juries nationwide and worldwide routinely expressing skepticism about law
enforcement testimony, such as drugs found in plain view
( requirement to seize them) and crimes not really committed.
Some members of the Los Angeles
Police Department who have
been known to lie in court say that the practice of lying in court is referred
by them as joining the liars' club.
Within the last few years, police departments
in Los Angeles, Boston, New Orleans, San Francisco, Denver, New York and in
other large cities in the United States have suffered scandals involving police
officers lying under oath about the evidence they are giving in court.
I've come to believe that thousands of law-enforcement
officers worldwide commit perjury every year when testifying about drug and
other arrests.
In Brady v. Maryland, the Supreme Court of the United
States held that prosecutors are required to notify defendants and their
attorneys of any favorable evidence to the defendant, such as that a law
enforcement official involved in their case has a proven record for knowingly
lying in his or her capacity as a police
officer in another trial.
The rest of this
article is going to be about police officers lying in Canada.
A Toronto Star (Canada’s largest
newspaper) investigation has learned that police officers nationwide have been
accused by judges of outright lying, misleading the court or fabricating their evidence.
Further, their perjury has little
consequence to these officers, particularly in provinces such as Ontario where up
to recently, there was no policy requiring a prosecutor or police force to
investigate the crimes of perjury committed by those police officers.
Responding to the
Star series, the Canadian Association of Chiefs of Police (ACP) said the
justice system should report courtroom misconduct to the officer’s force. The ACP
also said that the justice system should report police officers who are found
by judges to have lied, misled the court or fabricated evidence.
The Association’s spokesperson, Timothy Smith
said, “If a judge perceives that an officer has not fulfilled his oath of
honesty, a judge should report it to a police service. The national association
would naturally support mechanisms that would ensure [that] this happens.”
The comments come after a coast-to-coast Toronto Star
investigation that found more than 120 police officers have in the past been
accused by judges of courtroom deception since 2005. Despite those accusations
of perjury those police officers have gone unpunished. The national chief’s
spokesperson also said that the Toronto Star’s
series caught the attention of the entire law enforcement community and the
public the police serve.”
The spokesman also said, “The issue raised by the Star runs absolutely counter to why we
in policing choose to make a career out of this profession. While we do not
feel that this issue is at all prevalent, we recognize that even a single
instance can damage the reputation of policing overall.”
Meanwhile, the
Ontario Association of Chiefs of Police, headed by Waterloo Region Chief Matt
Torigian, said if the provincial government in Ontario was to consider
requiring prosecutors report such conduct to police forces, the Association
would participate in those discussions.
It is indeed unfortunate
that there has been so little oversight of the problem of police officers
perjuring themselves in some jurisdictions in Ontario since the police forces
did not know that some of the judges had ruled that the officers testifying in
their courts had misled their courts.
British Columbia
seems to be the only province in Canada with a formal reporting system in
place. If a judge criticizes the truthfulness of a police witness’ evidence or
testimony, the prosecutor is expected to report it to a senior crown attorney.
The prosecutor can then recommend to the police force that it investigate
alleged misconduct.
Internal
investigations into recent recent cases in the City of Toronto were started after the Toronto Star brought the
courtroom misconduct findings by a judge to the Toronto Police Service’s attention.
The chair of the
civilian oversight Toronto Police Services Board, Alok Mukherjee, told the Star that he was troubled by this
“serious issue” and wanted something done to stop the lies from eroding the
public’s trust in his police force.
Mukherjee also said,
“There must be a formal mechanism through which the prosecutor’s office
notifies the force and the police board whenever negative findings are made
about an officer’s credibility”
Elaine Flis, a
spokesperson for Ontario’s Attorney General John Gerretsen, says there is no
plan to make it a formal policy. But Flis said “Where a judge raises perjury in
relation to a witness, the trial Crown will refer the matter to his or her
superiors.” Flis also said that it is
important that when prosecutors hear something they suspect to be perjury, they
[should] pass it on to the police force for investigation.
Toronto defence
lawyer Reid Rusonik, as well as other sources in the justice system and many
Star readers, say it is an easy, sensible fix.
He also said, “The Star’s investigation has only uncovered
the tip of the iceberg of the problem. It shouldn’t fall on (news) reporters to
sit in every courtroom every day and then make complaints when they hear a
judge make an oral finding of dishonest police testimony,”
Rusonik has in the
last few years exposed police fabrications in more than a dozen cases across
the Greater Toronto Area in which six such perjury’s by police officers led to the acquittals of clients charged with
crimes.
He also said, “It
must be incumbent on the Crowns (prosecutors) to report every such finding to
an independent investigator. The Crowns know full well how to get perjury
prosecuted. You wouldn’t believe how quickly some of them will charge a
civilian witness caught lying.”
Unfortunately at
the Toronto Police Service, its spokesman, Mark Pugash has been dismissive of
the Star series and has said that the
articles ‘cannot be taken seriously.” Well, they have been taken seriously—very
seriously.
Let me give you an
example of a Toronto Police Service police officer who testified in a Toronto
courtroom recently.
Visibly nervous
with papers shaking in their hands, Toronto police officers Jay Shin and Joseph
Tremblay testified under oath that they stopped Delroy Mattison's Chrysler
Intrepid on the afternoon of July 18, 2011, because they allegedly saw him
using a cellphone which is against the law while driving a vehicle.
The stopped him and
began searching in Mattison's trunk. I don’t know why they chose to search his
trunk if he was only stopped for illegally using his phone while he was driving
his vehicle. in any case, they discovered in the trunk a stainless steel .357 Smith & Wesson
revolver and 31 bullets.
Mattison, who had a
previous conviction for armed robbery and he was actually was on his way to a
drug deal. Under the law, these officers needed a legitimate reason to stop and
detain Mattison. They could have one if Mattison was using his cellphone while
he was driving. However they also needed a legitimate reason to search his
trunk and they didn’t have one. Without one, they would never have found the
gun and bullets.
Further, they never
seized a cellphone or noted the existence of one in paperwork filled out at the
scene. That night, a third officer snapped photos of the impounded Chrysler's
interior and none was showing a cellphone.
“Officers Shin and
Tremblay were untruthful about seeing Mr. Mattison using a cellphone,” Justice
Nancy Backhouse ruled. She tossed the evidence out, saying, “This court must
dissociate itself from this serious and deliberate state misconduct.” Mattison subsequently
walked free.
Judge Backhouse was
trying to send a message, one being repeated by concerned judges in courtrooms
across the country: Police dishonesty makes a mockery of the courts, undermines
the public's trust in the justice system and must be condemned. There was
little evidence anyone waS listening then
A nationwide Toronto
Star investigation shows judges
are frequently finding that police officers lie under oath. The dishonesty
comes with little consequence to the officer, particularly in provinces such as
Ontario where there is no law or policy requiring a prosecutor or police force
to investigate the courtroom conduct.
One Toronto police officer,
Detective Scott Aikman, has twice been accused of being untruthful by judges in
different cases. The story of Aikman, and his two cases crumbled,
Although some police
officers may believe it is acceptable for them to lie so that they can take
guns and drugs off the street, the Toronto
Star as suggested and rightly so that the cost of the deception to
community safety across the country is high.
The following suspects
have walked free after officers lied in court: an accused pimp of a teenage
girl, possessors of child pornography, a major ecstasy manufacturer operating
out of a Scarborough house, members of an international data-theft and
fake-credit-card ring, marijuana growers, and drug dealers carrying loaded
handguns. If the police offices hadn’t lied in their testimony, these people
may have been convicted of their crimes they were accused of.
Further, judges
have discarded as evidence at least $40 million worth of cocaine, meth, ecstasy
and weed in recent years. Some suspects were freed following police lies and continue
to get in trouble with the law.
One of the biggest
prosecutions in Toronto involved Chuck Wan Leong who was accused of operating
an ecstasy lab in his two-storey brick house. Police found $16-million worth of
ecstasy, methamphetamines and ketamine in the basement of his house.
In that case,
Justice Nola Garton after listening to the testimony of Detective Robert
Worthman who works in York Region said, “The detective’s testimony was
inconsistent, inaccurate,” “exaggerated, almost inconceivable, an
embellishment, misleading, nonsensical and patently absurd.” The judge subsequently tossed the evidence against
Mr. Leong who then walked free.
As direct results
of the judge’s accusation of perjury, Detective Worthman has been charged by
his police force with deceit and discreditable conduct. Both charges can result
in him being dismissed from the police force.
There are many
judges who have concluded that many police officers really do lie in court to cover up their shoddy and
illegal investigation techniques, excessive force, and racial profiling.
The majority of the
cases reviewed by the Toronto Star
involve police officers who, out of laziness, overzealousness or poor training,
violated laws that are supposed to protect suspects from abuse of police power
by claiming that they found damning evidence and then lied to cover up their
flawed investigations.
It's the cover up
that kills. These crooked cops have already forgotten what happen to the late
President Nixon when he attempted to cover up the wrongdoings of what some of
his people did in the Watergate scandal.
One judge said that
police officers often have a difficult job finding evidence on known criminals and
they usually know who the criminals are but some of the police officers play
hunches to bust suspects, then they make stuff up to make their investigations
appear legitimate. He also said that the police officers will then end up lying
on the witness stand. That's just a reality. He said, “We (judges) know this happens. We
talk about it all the time.”
While police
officers can randomly stop vehicles to check vehicle safety or a driver's
paperwork, they must otherwise have reasonable grounds to believe an offence is
being committed to stop a car, detain a person or search a house. However mere
suspicion is not enough.
Suspicion was all the
Royal Canadian Mounted Police (RCMP) Constable Brian Sprott had when in January
2009, on a rainy night in Maple Ridge, British Columbia. Sprott and his partner sat in their unmarked
vehicle and watched a suspected drug house on Dewdney Trunk Road. Then, on a
hunch, they followed Chris Xiong after he pulled out of the driveway. What they
then do was a drug investigation and not because Xiong was speeding.
The Mounties
stopped Xiong and found 12 individually wrapped, $40 crack rocks, three
cellphones and more than $800 in cash. Sprott testified at trial that he
stopped Xiong for speeding.
The alleged
speeding, as well as Sprott's claim that crack rocks fell onto the pavement
when the suspect exited the vehicle, gave the Mounties their reasonable grounds
to arrest him.
But Sprott had
earlier testified during a preliminary hearing that he intended to detain Xiong
before he allegedly sped from the house. The Mountie was asked if his answers
at the preliminary hearing were true and he answered rather strangely, “At the
time, they were true.'”
Judge Kerr said in
response Sprott’s testimony, “Constable Sprott appeared evasive and
uncomfortable when questioned on this point.” On the witness stand, the
Mountie, who didn’t issued Xiong a speeding ticket, shrugged while he awkwardly
grinned.
Judge Kerr also
said, “There is a legitimate public interest in having police officers provide
their evidence to the court in an accurate and careful manner.” The judge
slammed the officer's “flip-flop testimony” and ruled that there was no
legitimate reason to stop Xiong's car and then he tossed the evidence and let
the suspect walk.
There is a famous
case that took place in the State of Florida in which a cop pulled over a black
man who was driving down a street. He explained in court that most black people
ae committing crimes so he presumed that the man he pulled over had committed a
crime. He ordered the man to open his trunk. Inside the trunk was the body of a
young woman. The black man was immediately arrested and charged with the murder
of the young woman. When the judge learned that the cop had no justifiable
reason to stop the driver and order him to open the truck of his car, he threw
the case out and the black man walked out of the courtroom as a free man.
Sprott could have
saved himself and his police force the embarrassment if he did proper police work,
such as continued surveillance of the house or car.
These bogus traffic
stops and warrantless searches have led to needless prosecutions that have tied
up the taxpayer-funded courts and put alleged criminals back on the street.
It brings home the
point that it is better to let a guilty man go free than to imprison a man who
was initially wrongfully detained. For a court to accept the perjured evidence
of a dishonest police officer in such a situation is to bring the concept of
justice into disrepute.
Though the judges
in these cases recognize that such large seizures of drugs, loaded guns and
“highly reliable” proof of other serious crimes cry out for a trial on the
merits, they find that police misconduct is the greater sin.
Angered at police
lies in his courtroom, Justice Peter Hambly explained his difficult decision to
stay charges against two men accused of operating a $16-million marijuana
grow-op in Niagara Region.
Justice Hambly said,
“For the people involved in it to go unpunished leaves a sense of betrayal in
hard-working, law-abiding people. If police lying is tolerated by the courts,
they will soon lose the respect of the community. His decision is being
appealed—probably by the cop so that his credibility will not suffer. Good luck
on that probability.
Some of the words judges have used to describe police
evidence and testimony are “lie,” “fabricate,” “evasive,” “absurd,”
“ridiculous,” “subversive,” “disturbing” and “pure fiction.”
Two officers, one in Victoria, the other a Toronto detective, have
each misled the court in two separate cases.
The chief of a suburban Winnipeg police force was charged
with perjury and his police force taken over by the RCMP after he allegedly
lied to cover up details of his former partner's role in a fatal drunk driving
accident.
In several cases, officers assaulted a suspect, then they began
their cover up by charging their victim with assaulting and obstructing police.
Some of these victims were guilty of nothing more than a bad attitude.
Racial profiling, and the subsequent police deception meant to
hide the police misconduct from public view, cost the citizens of 100 Mile
House, British Columbia the prosecution of Zai Chong Huang in which 57
marijuana plants were found in his Dodge pickup by RCMP Constable Berze.
Berze testified that
he stopped Huang's truck because it had been swerving in its own lane. The
judge was aware from other testimony that Berze had been following Huang for
many kilometres before he stopped Huang’s truck for the alleged swerving. For
this reason, and because of the words of Berze's when he questioned Huang after the arrest, the judge concluded
that the so-called swerving was a
“pretext,” and that Berze likely saw Huang at a gas station earlier in the
night, noticed he was Asian and assumed that he was involved in organized
crime.
Judge Elizabeth
Bayliff said in her ruling, “Constable Berze was being untruthful with the
court.” Subsequently she dismissed that charge against the accused man.
The Toronto Star found as many as 28 cases
since 2005 that involved a total of 34 Toronto officers that had been determined
by judges to have misled their courts when testifying in court.
Toronto Police
Services Board chair Alok Mukherjee told the Toronto Star that he has raised the issue with senior police
officials and has been met with “a certain frustration and defensiveness.”
They'll say, ‘The officer was being diligent and the judge was more interested
in the Charter rights of a criminal
than the fact that the officer found a gun, and they (judges) let that person
go.'” Mukherjee added, “I have some degree of frustration because I believe
judges should be listened to.”
In a combative letter to the Toronto
Star, Toronto police spokesperson
Mark Pugash equated the language used by judges in the cases reviewed by the Star to “throwaway comments unsupported
by evidence.” He said (to the Star), “You
either don't understand, or you don't want your readers to understand the
fundamental distinction between a judge's comments and a judge's rulings,”
Pugash continued. “Without an understanding of such a basic point, your story
cannot be taken seriously. A judge can comment on anything he or she wishes.
Such a comment, however, does not amount to a finding of guilt (on the part of
the police officer). The criminal justice system works on evidence, on
examination, cross-examination and decision. It does not work on throwaway comments
unsupported by evidence.” unquote
Hey dummy. When a
police officer testifies in court, what he says is evidence and when the
officer lies in court after giving his evidence, the judge has every right to
comment on the evidence that he has heard from the mouth of the lying police
officer just as he or she comments on the evidence of other witnesses.
Pugash said the
onus is on defence lawyers, prosecutors and judges to report their concerns
over an officer's testimony to police for investigation. Despite his previous
statement, he is right in this one.
The cases in the Star study showed that judges
painstakingly reviewed and deconstructed the facts, testimony and physical
evidence presented in court and subsequently concluded that the officers had lied
when they testified in court.
When confronted
with police dishonesty, judges are reluctant to call police lying by its name—perjury
and instead they choose innocuous language when assessing flawed officer
testimony.
“It's difficult to
accuse someone who works so hard in the public interest of misleading the
court,” said a Ontario judge interviewed by the Star.
Years ago I represented a young offender in court who was charged
with assaulting a police officer during a city-approved protest by spiting in
his face. He swore in his affidavit that she had spit in his face and he had
done no wrong to deserve that assault. Unfortunately for the police officer,
another protester had taken a video of the incident. In the video, the young
woman charged by the police officer was originally pushed into that police
officer by another police officer. The
arresting officer then grabbed her by her neck. That is when she spit in his
face. When the prosecutor saw the video I had brought to him, he immediately
took her file in hand and with a big black marker, placed a big black mark
across the file and told me that he was withdrawing the charge. The young
woman’s family then sued the police department and the officer.
Some police lying cannot
escape the spotlight, especially when video or audio tells the unadulterated
truth.
Video shots by
civilian eyewitnesses exposed the lies of two Calgary officers who beat Jason
Arkinstall while he was handcuffed and then charged him with obstructing,
threatening and assaulting an officer.
The video, shot
after 3 a.m. on August 31, 2008, the weekend of a tattoo convention, showed
Constable Brant Derrick smacking Arkinstall in the back of his head and
throwing him head first and onto his stomach in a police van's rear caged compartment.
Arkinstall was thrown with such force that his flailing legs almost hit the van
roof. “In an obvious burst of anger,” Judge Terry Semenuk said, Derrick slammed
the van’s doors on Arkinstall's leg.”
Judge Semenuk
acquitted Arkinstall of threatening Constable Derrick. The other two charges
were dropped before trial. The officers, the judge said, were “unreliable and
not credible.”
In court, before Constable
Derrick knew the video even existed, Arkinstall's lawyer *Mattison) asked him in
cross examination if he struck Arkinstall before throwing him into the van and
slamming the van doors on Arkinstall’s legs. Constable Derrick replied “It
didn’t happen.”
Mattison later said
outside the courtroom, “The officers fabricated their stories. They did as they
felt. They lied. “They go to school for training. Someone should ensure the
police are not breaking their own code.”
Several Niagara Regional Police
officers in Ontario stood on the roadside, watching as a man allegedly leaned
out the passenger window of a passing SUV and hollered “Hey, baby!” which was a
taunt directed at the several cops nearby. They did not like it, this sass from
Michael Parsons, who was aa local man with a history of police run-ins.
What happened next
became the focus of a civil trial in 2009. The police said they properly
stopped the Jeep to investigate why Parsons was halfway out the window when he
shouted. They said they then subdued Parsons, who was aggressive that night and
known to police for his history of violence, guns and drugs. Parsons said he
was beaten and Tasered for no reason.
Justice C.R. Harris
said portions of the officers testimony were “not forthright,” “evasive for
self-serving reasons,” and finally, “Their testimony was in some instances pure
fiction.”
Two officers in one
cruiser sped after Parsons on the December night in 2003, and, less than a
kilometre east on Highway 20, also known as Lundy’s Lane, they stopped the
white Jeep Cherokee, driven by Parsons’ then-fiancĂ©e Terri Lynn Ryckman. Three
other officers in two cruisers arrived moments later.
Parsons testified that
one of the officers pulled him from the Jeep and put him in a “rear naked choke
hold” with an arm around his throat, another behind his head and a knee in his
back. Such a choke hold is illegal. Parsons said that while restrained in a
roadside ditch he felt the “pain of shocks” in his scrotum, and the Tasering
“just kept going and going.” Then, he said, he was handcuffed and Tasered some
more. He was screaming in pain all the time. He estimated he was Tasered 10 to
15 times.
Here is what the
police who testified said really happened. Officer Michael Woodfine, who pulled
over the Jeep, and Officer James Tallevi, who tangled with Parsons, testified
their suspect came out of the vehicle “animated and angry,” confronted Officer
Tallevi while standing in a boxer’s stance and holding an unknown object in his
hand, grappled with Tallevi, pushed him down in the ditch, straddled him and
started throwing punches.
Tallevi said he
tried to restrain Parsons but did not place him in a choke hold. Woodfine said
he Tasered Parsons three times to protect his fellow officer, the last shot to
the crotch. He said that Parsons was not Tasered after he was cuffed and
charged by Tallevi with assault police and resisting arrest.
Tallevi never
recorded in his notes that Parsons had lunged at him and did not explain to the
court why he didn’t put that crucial information in his notes.
As to Woodfine’s
testimony, he said that it was the first time he had used a Taser in the line
of duty, testifying that it was a “pretty significant” event in his career as a
police officer. Though he denied Tasering Parsons 15 to 20 times, the judge
noted Woodfine “surprisingly” never provided the court with data from the
device’s recording mechanism that indicates the exact number of times it was
fired and for how long.
The two officers’
stories crumbled when another police officer (Dino Cirillo) testified that in
the moments before the struggle began, Parsons had his hands up, a cell phone
visible in one of them, when Tallevi “immediately” went toward Parsons and put
his arm around his throat before tumbling in the ditch. Cirillo realizing that
he had just ratted on his fellow officers later tried to backpedal from some of
this testimony.
After Parsons was
taken to jail (where he would spend the next five days, lying on his bed that
was only a mattress on the floor, Woodfine issued the SUV driver Ryckman a $100
ticket for her window tint being too dark.
The presiding
judge, Harris said two of the officers “lost recollection” of certain events
that night for their own convenience.” He again used the words “pure fiction”
to characterize Tallevi’s testimony that he felt threatened by an object
concealed in Parsons’ hand.
After reviewing all
of the evidence, Judge Harris found the officers had no reason to stop the
Jeep. The judge also ruled that Tallevi put a choke-hold on Parsons. Judge
Harris also ruled that Woodfine had used his Taser without justification and
shocked Parsons after he was already handcuffed.
He further said
that none of those officers was threatened by Parsons, nor were any of them in
any danger from him. Judge Harris wrote in his ruling. “It was in fact Mr.
Parsons who was in danger from them. Their “troubling and offensive” conduct should
shock and sadden the community.”
Subsequently, the criminal
charges against Parsons were never pursued by the crown prosecutor and
subsequently withdrawn in court. Later a civil court awarded Parsons and
Ryckman $70,000 in damages.
Unfortunately, none
of the officers faced an internal disciplinary investigation into the assault,
false arrest, false prosecution or courtroom conduct as what took place in the
civil court. The Police Department said the officers underwent ethics re-training.
More than two years
after the civil ruling, Parsons, then 31 and an entrepreneur, said: “The judge
knew the police were lying and he called them on it. It’s becoming something
the courts aren’t going to tolerate anymore. Their conduct in court is often
misleading.
He further said, “The
judges are doing their best to weed these guys out. (But) what is the public
going to do about it? If they’re going to lie in court, they should be charged.
Police officers should be held to the same accountability as citizens. They’re
not lawmakers, they’re law enforcers.”
His statement was right on point.
Just recently, a veteran Hamilton, Ontario police detective who encouraged
an informant to plant a gun at a home so he could obtain a search warrant from
a justice of the peace has been convicted of three criminal charges.
Superior Court
Justice Catrina Braid convicted Detective Constable Robert Hansen, age 41, a
12-year veteran of the force, of one count of perjury and two counts of
obstructing justice on January 29th 2016.
Hansen, who was
originally charged in November 2012 and tried in November 2015, and up to now,
he still remains out of custody and on paid suspension.
The heavy-set
officer with short salt-and-pepper hair left court without comment. Hansen will
return to court on May 19th for sentencing. Prosecutor Peter
Scrutton indicated the Crown will seek jail time.
The Hamilton Police
Service, that laid the charges, issued a release following Hansen’s conviction,
saying that because there is a tribunal underway in Hansen’s case under the Police Services Act, with further
charges pending, it would not comment any further on the matter.
Justice Braid found
that Hansen, who worked with the Gangs and Weapons Enforcement Unit of the
Hamilton Police Service encouraged an informant to plant a gun in the Hamilton
residence of what the detective believed was a suspected drug trafficker who
was already known to police.
The judge also
found Hansen committed obstruction of justice and perjury when he provided false
information in a sworn document that he put before a justice of the peace to
obtain a search warrant for the Highridge Avenue home of his victim.
The plan was to
plant a gun that was later discovered in a series of text messages between
Hansen and the informant leading up to the May 25, 2012, search. Police failed
to find a firearm at the residence. hat is interesting because it begs the
question; who removed it?
In her ruling, Justice
Braid said she found Hansen’s version of events “improbable and I reject his
evidence outright.”
Se said I part; “Hansen’s evidence in chief was
self-serving. He stated that he never had ‘absolute certainty’ whether the gun
even existed.”
Hansen testified
the informant never used the words “I want to plant a gun, “ but he merely
suggested a set-up. He testified he thought “set-up” meant that informant would
“tee-up” information regarding a gun.
The judge also
said, “I further find that Hansen deliberately embellished the facts and
intentionally omitted material facts in the document to support a warrant.”
She also said, “I find that Hansen actively
encouraged the informant to plant a firearm in the suspect drug dealer’s home.
The plant of evidence is a serious act that creates a risk that injustice will
result,.”
Hansen testified
earlier that he wanted to get the gun off the street. He intended to pick it up
during the search, but not charge the homeowner. Does that make any sense at
all?
In a series of
texts, Hansen told the informant that the suspected drug dealer “could use some
jail time.” And after discussion of the plan, the detective advised “this will
get him put away for several years.”
When the informant
queried whether his involvement was important, Hansen texted “it would help
tons.”
As I see it, any police officer who testifies
under oath and commits perjury while giving his evidence in court or swearing a
false affidavit to get a warrant to search should be fired from the police
force that he or she is a member of and never be permitted to work again in any
other police force.
The reason is so obvious. If a police officer
has been proven to have perjured him or herself in a courtroom or in any other
way, that police officer’s future testimony in another trial will be so
suspect, it will in all likelihood be considered meaningless. That being so, it
would be pointless to have that police officer remaining on the police force
since any future testimony with his or her arrests that police officer makes
will be highly suspect.
The public trust in police
officers in Toronto have dropped sharply between the beginning of jury
deliberations in the trial of Constable James Forcillo and the days following
the guilty verdict. According to a new Forum Research poll done on January 20th,
as many as 78 per cent of respondents said they trusted Toronto police
officers. But, by January 29th, that number had fallen to 63 per
cent. Thirty-seven per cent also said they trusted Toronto police officers less
than they did a year ago.
Along
with the jury finding Forcillo guilty of attempted
murder in the 2013 shooting death of Sammy Yatim, recently four Toronto
police officers were charged with perjury and
obstruction of justice after
allegedly planting heroin in a suspect’s car. Disciplinary charges were also
laid against another officer in relation to a high-profile car chase last
September, where an officer fired at least 14 shots into the hood of a stopped
car in the Distillery District.
It shouldn’t be a surprise to anyone that the
public’s lack of respect for the Toronto police exists since there are yahoos
in that police force that should never have been hired in the first place.
About a quarter of respondents
in the poll (24 per cent) think there’s less wrongdoing in the Toronto Police
Service compared with other police forces in Canada which doesn’t say much
about other Canada’s police services.
Unfortunately, police forces in Canada and for that matter elsewhere,
have (pardon my French) real assholes serving in those police services. That is
because of two distinct reasons. The first being that the recruiters didn’t do
a good job making sure that some of the applicants were suitable for the role
of being police officers and the second reason is that after the police
hierarchy of the police services realized that they have loose cannons in their
forces, they not only don’t fire them, in some instances, they actually promote
them. It is an unfortunate fact
of course that those officers who joined the police service that hired them were
good officers in their early years in the police service but later they succumbed
to the failings of officers who are more senior than them who gave them the
impression that no matter what they do, illegal of not, it gets the bad guys off
the streets. It seems logical to me that the first test of determining the quality of
the chiefs of police in our police services is to look with a jaundice eye at some
of their police officers who serve under them and wonder why they are still
police officers.
No comments:
Post a Comment