Hambly said officers, Detective Sergeant James Leigh, who was in charge of the morality unit, Detective James Malloy and Detective Chris Lemaich knowingly hid identification of the source of information leading to the location of the grow-op.
The source, a Hamilton police officer with relatives living in the general area of the bust, did not stipulate anonymity, but the arresting officers claimed they had received an anonymous tip, going so far as to falsify notes and repeatedly swear false affidavits to obtain a search warrant.
Because the officers had acted without integrity and would have continued to perjure themselves at trial, the judge dismissed all charges. He also had harsh words for Niagara's Police Chief, Wendy Southall, saying that she knows what has taken place and has taken no action. In other words, she seems to be encouraging a culture of corrupt policing.
Probably the most damning assessment of the entire sad episode comes from Benjamin Berger, a professor at Osgoode Hall Law School who addressed its wider ramifications:
“There have been a number of inquiries into police conduct in Canada. When these add up and develop, when you get these messages sent, the great concern is you have a public that is losing confidence, or may lose confidence in the institution’s government,” said Berger.
He said law enforcement is representing some of the basic principals of our democracy; the legitimacy of force, transparency in government and these are all crucial to people’s sense of the rule of law.
“Police are really important. They are given enormous powers by society with a sense of trust that those powers will be exercised in accordance with the rule of law,” said Berger. “Where there is a loss of that confidence, it shakes the system.”
Indeed. it seems that with each passing week, our guardians of public security have more and more to answer for.
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