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Old 11-24-2014, 03:59 PM   #1
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repeated judicial findings of misconduct with Peel Police



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Judges have had issues with Peel Police before 7


TORONTO - The cowboy cops in Peel Region have struck again — and once again, they’ll ride into the sunset with impunity.


Over the last few days, colleague Sam Pazzano chronicled the disturbing case of Eric Morgan, 47, who was arrested for a murder he didn’t commit after Peel Regional Police officers used what Justice Fletcher Dawson would later call “improper threats and overly aggressive and abusive tactics” to intimidate witnesses into changing their stories.

And what will happen to these chastised homicide investigators?

My bet is nothing — because that’s the Peel police track record when dealing with judicial findings of misconduct.

Over the last several years, judges have slammed different Peel officers for lying on the stand, sloppy investigations, flagrant constitutional breaches and outright collusion with their colleagues — yet this sharp criticism doesn’t translate into any punishment.


In the most recent case, a judge last week accused a group of Peel officers of trying to cover for a colleague who left them after an off-duty night of drinking and then smashed his pickup truck into a QEW guard rail while travelling in the opposite direction of his home. All four Peel cops insisted the rookie, who tried to flash his badge and leave the scene, had shown no signs of impairment when he was with them.

“Unbelievably corrupt conduct,” tweeted Ontario ombudsman Andre Marin. “Collusion, deception, arrogance and obstruct justice.”

But then the Teflon cops of Peel are well known in the legal community.

“As a force their reputation, in my opinion, is that the ends justify the means, regardless of what the Charter mandates,” says defence lawyer Jeff Hershberg.

He had a case in the summer of 2013 where Justice Bruce Durno threw out the evidence against his client because he found the cops’ testimony at trial repeatedly “defied common sense.”

“Anybody who gets up on the stand and blatantly lies faces perjury or obstructions charges,” Hershberg complains. “When a (Peel) officer does it, little happens, if anything.”

A police spokesman denies their force looks the other way.

“I would consider those remarks both unfair and inaccurate,” says Staff Sgt. David Kennedy. “Matters are investigated fairly, thoroughly and without bias and once complete if internal discipline, criminal charges or Police Service Act charges are applicable then they are levied and applied in an appropriate and swift manner.”

Cutting corners to put away the bad guys not only risks wrongful convictions, it can also lead to critical evidence being tossed out of court.

Earlier this year, Justice Casey Hill had to exclude 100 pounds in seized marijuana evidence against Bryan Lam after finding Peel cops committed “flagrant” breaches of the drug dealer’s Charter rights and then made it worse by trying to fabricate reasonable grounds to justify their warrantless search of his storage locker. The officers’ testimony, he said, “caused the court to doubt the veracity of their evidence for a number of reasons.”

In another case a year earlier, the same judge excluded evidence of a concealed weapon because Peel police searched a car without reasonable grounds and again, tried to justify their Charter breaches on the stand. “Sergeant (Stephen) Ceballo was not a credible witness,” Hill wrote in 2013, noting this was the third time the veteran had been cited for constitutional misconduct. “The sergeant’s evidence was transparently and deliberately misleading.”

In February, Justice Antonio Skurica declared a mistrial in a kidnapping case after “shoddy and inept police work and evidence” by Peel led to the disappearance of a wallet that the defence claimed had been planted.

Yet nothing happens.

In April 2013, Police Chief Jennifer Evans ordered a probe by her professional standards branch after the Ontario Court of Appeal upheld a decision by a trial judge to toss a case against an alleged pimp because Peel cops concocted evidence and lied on the stand.

“The police conduct in this case was so egregious that only a stay could serve society’s interest in preserving the integrity of the judicial system,” ruled Ontario’s highest court.

Internal affairs finally concluded their probe in January. “After a thorough investigation the Criminal and Police Service Act allegations against all of the involved officers were deemed to be unfounded. As a result, formal discipline was not levied against any of the involved officers,” their spokesman said in an e-mail.

It’s hardly a surprising result.

In a stinging 2011 judgment, Ontario Superior Court Justice Deena Baltman accused five Peel drug officers of beating a suspect, searching his home illegally and then lying to the court about it. The judge couldn’t have been more scathing: The police, she said, “essentially colluded and then committed perjury, en masse. This must be addressed in a concrete way.”

And how was it addressed? Even in this serious case, no criminal or police act charges were laid.

What exactly does it take for a cop to get in trouble out there? No wonder many in the legal community believe Peel is the wild west of policing — where the cowboys are running the show. ​


http://www.ottawasun.com/2014/11/22/...-police-before
“Unbelievably corrupt conduct,” tweeted Ontario ombudsman Andre Marin. “Collusion, deception, arrogance and obstruct justice.”
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Old 12-02-2014, 05:28 PM   #2
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Ex-Toronto cop gets six years in child porn case

BRAMPTON - A former Toronto Police officer was sentenced to six years in jail Tuesday for sexually abusing three girls and possessing thousands of pornographic images involving children
.

Former constable Dariusz Kisielewski, a 46-year-old married father of two sons — ages 18 and 12 — is banned for life from having contact with children, must not take a job where kids are involved, and must limit future Internet use to work purposes only.

Justice Bruce Durno said that when he took the time that Kisielewski spent in pre-trial custody into consideration, he has just over four years remaining in his sentence.

Kisielewski had pleaded guilty during a past court appearance to four counts of accessing child porn and three of sexual interference involving minors.

He was arrested in September 2013 after Peel police carried out a search of his Mississauga home, where they seized computer equipment.

Court heard he sexually abused three victims, ranging in age from a toddler to preteen. The incidents took place over several years.

Investigators seized thousands of images of the victims at various stages of undress, and thousands more of child porn images downloaded from the Internet.

Crown attorney Jacob Sone sought a jail term between eight and 10 years, while defence lawyer Vanessa Christie felt a sentence between three and five years was appropriate.

Court heard that Kisielewski “had problems growing up,” and was a victim of sexual abuse as a child in his native Poland — once as a four-year-old at the hands of a vagrant, and again as a 10-year-old at the hands of a teenager, and then the teen’s friends.

Durno said that Kisielewski, a member of the Toronto Police force for more than 25 years, had come to Canada as a teen and ended up in a shelter. He started working at the police service as a courier and then trained to be an officer.

Kisielewski, dressed in a windbreaker and faded jeans, showed little emotion as he sat in the prisoner’s box, looking down at his folded hands most of the time.

Court heard that at the time of at least two of the offences, Kisielewski was drunk.

The investigation began after a Peel Regional Police investigator traced a suspect Internet IP address to Kisielewski’s computer.

A statement from Kisielewski’s wife said that while the future of their marriage remained uncertain, she would continue to support him, calling him a “responsible husband and father” to his two sons.

Court heard that Kisielewski’s sons, the younger of whom is blind, miss their father.

In 2012, Kisielewski was paid $116,787,12 for his duties as a Toronto Police officer

http://www.ottawasun.com/2014/11/25/...hild-porn-case
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