MANDEL: Toronto cop faces possible demotion for 'inaccurate' testimony

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A second cop involved in a drug case that collapsed after “inaccurate” police testimony has pleaded guilty before a disciplinary tribunal.

Toronto Police Const. Aseem Malhi admitted that during an investigation of a suspected drug dealer on May 23, 2017, he didn’t take “sufficient” notes to include details of their search. And on Feb. 22, 2018, he didn’t “accurately testify” about the circumstances of the search at the suspect’s preliminary hearing. The charges against him were subsequently stayed.

His lawyer assured the tribunal it was an “isolated and regrettable departure” from the 18-year veteran’s otherwise excellent service record.

The prosecutor and defence jointly proposed a demotion of 15 months before the hearing officer, Supt. Paul Rinkoff, who reserved his decision.

Malhi’s guilty plea follows that of his 12 Division colleague, Const. Richard White, in April and his recent demotion to second-class constable for two years. Both men have been suspended with pay since October 2019.

“The series of events as portrayed in their notes and testimony are contrary to the uncontroverted evidence of a video,” defence lawyer Kim Schofield charges. “Yeah, it’s ‘inaccurate.”

Both men were involved in the 2017 arrest of her client H.N. for drug and gun-related offences on Weston Rd. Two years later, her evidence would lead to the cops being accused of stealing $50,000 from the suspect’s trunk.

According to court documents, officers found 2.57 kilos of cocaine, 1.69 kilos of methamphetamine, 113 grams of heroin, 8.7 kilos of marijuana and 4 kilos of hashish inside the car, along with $130,000 in cash, six cellphones and a Ruger handgun with ammunition.

At the man’s preliminary hearing, White testified the drugs “were in plain view,” which permitted them to search the body of the suspect’s vehicle without a warrant.

“In fact those drugs were not in plain view,” hearing officer Insp. Suzanne Redman wrote in the White judgment released this week. “You failed to make notes of a search of H.N.’s vehicle that was conducted by yourself and other officers at the scene.”

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Eight years ago, Schofield says she got hold of nearby surveillance video that showed the cops searching her client’s trunk where his money was located – $50,000 of which she alleges went missing. But at the preliminary hearing, the officers denied searching the trunk at all.

The Crown withdrew the charges against the alleged drug dealer on the first day of his trial.

“Because they know there’s something wrong with the case. They know it just stinks so they just get out because they can see it starting to unfold,” Schofield says.

Schofield delivered the video evidence she’d collected against the officers to Professional Standards.

Following their investigation, White and Mahli were criminally charged with theft, perjury and obstruction of justice for allegedly stealing the $50,000 during the 2017 arrest and then covering it up in their memo books and in sworn testimony at the accused’s prelim.

Those criminal charges were stayed in 2023.

All that remained were the Police Act charges.

“I do commend Professional Standards for actually proceeding with it because at least something happened, though it’s woefully inadequate,” Schofield says.

The only small comfort is that they’re unlikely to be involved in any major investigations considering their testimony is going to be suspect from now on.

“But they’re still carrying firearms and they’re still guardians of the public trust,” the lawyer says. “They’re still police officers, which is kind of crazy.”

mmandel@postmedia.com