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本帖最后由 唐炜臻 于 2010-11-9 21:24 编辑
Police officer rebuked for ‘lack of knowledge`
An Ontario Court judge says she finds it “shocking” a Toronto police sergeant who has trained other officers doesn`t appear to understand proper investigative techniques.
The officer, Sgt. Jay McCall, was the only witness who testified at the trial of Michael Dabreo, 25, after charging him in March with numerous offences including possessing a loaded .25 calibre handgun.
But Justice Mavin Wong threw out the charges this week after finding McCall “unable to properly articulate the grounds for detaining an individual.”
Wong said she found it reasonable to assume “his lack of knowledge affects the way he conducts other routine police investigations.” It is even more alarming when one considers McCall “teaches other officers-in-training what ought to be proper police investigative techniques that are inconsistent with the Charter,” the judge wrote.
McCall was driving a marked police cruiser when he pulled up behind a taxi and saw the driver reaching back toward his passenger.
There appeared to be some disagreement over the fare. McCall pulled up beside the cab and the driver told him the passenger, Dabreo, wanted to pay only $29 when the fare was $33. However, Dabreo then paid the full amount and got out of the cab.
As he did, McCall summoned him to his cruiser.
He testified in court that he did so to investigate the Criminal Code offence of “fraud transportation.”
McCall ran a police check and found Dabreo was under a weapons prohibition and had a history of violence. He testified his continued detention was based on the possibility the accused might be breaching his prohibition order and his “experience” that people subject to court orders sometimes reoffend.
McCall conducted a pat-down search and discovered a firearm. Dabreo attempted to flee and was Tasered twice before he was subdued. He was charged with various gun offences, resisting arrest and breaching court orders.
At the trial, defence lawyer Reid Rusonik argued the court should exclude the gun as evidence because Dabreo was arbitrarily detained and McCall lacked reasonable grounds to search him.
Crown counsel Beverley Olesko argued the detention was momentary and the seriousness of the offence and importance of the evidence ought to persuade the court to admit the gun.
But Wong concluded McCall “was mistaken relating to virtually every aspect” of what he believed was his lawful authority to detain, investigate and search Dabreo.
The “multiple” Charter breaches were so serious Wong said she was excluding the evidence. The charges were dismissed as a result.
Brendan Crawley, a spokesman for the Ministry of the Attorney General, said the decision would be reviewed carefully. The Crown has 30 days from the date of the decision in which to pursue an appeal. |
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