Toronto officer facing misconduct charges over 2016 McArthur choking arrest asks for independent judge

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Toronto officer facing misconduct charges over 2016 McArthur choking arrest asks for independent judge


A Toronto police officer facing professional misconduct charges in connection to the investigation into serial killer Bruce McArthur is requesting an independent judge hear the case.

In a brief hearing Tuesday morning at Toronto police headquarters, the disciplinary tribunal heard the case of Sgt. Paul Gauthier, who is charged with neglect of duty and insubordination in connection to the McArthur investigation.

Gauthier’s charge stems from a 2016 encounter between the serial killer and Toronto police that came after a man reported McArthur had attempted to strangle him during a sexual encounter. McArthur was arrested but let go with no charges.

Gauthier, a former member of the force’s sex crime unit, was not present at the tribunal. He was represented by Toronto lawyer Lawrence Gridin, who formally requested an independent adjudicator.

“You have no independence from the chief of police,” Gridin told the hearing officer, Toronto police Insp. Richard Hegedus.

Gridin had begun discussing how, in December 2017, police chief Mark Saunders held a press conference denying the existence of a serial killer at work in Toronto’s Gay Village.

“We now know, because this matter’s up in court, and there’s been an agreed statement of facts files, details have come out… that the information at the press conference was not correct.”

But Gridin was interrupted by Toronto police prosecutor Alexandra Ciobotaru, who said Gridin’s comments were not what she was expecting and that initial comments should only pertain to the behaviour of the officer in question.

Gridin replied that he was providing the information to show justification for an independent adjudicator, not a Toronto police hearing officer chosen by Saunders.

Outside the tribunal, the lawyer told reporters that he was confident the evidence will show that the work done by Gauthier contributed to the identification of McArthur as a serial killer, rather than detracted from it.

He stressed that the voices of people giving their victim impact statements as part of McArthur’s sentencing hearings should be heard today, “not mine.”

Gauthier’s matter was scheduled to be heard again later this month.

McArthur went on to kill two other men after the 2016 incident: Selim Esen and Andrew Kinsman, both murdered in 2017.

New details about the incident were revealed in Ontario Superior Court Monday during McArthur’s ongoing sentencing hearing. The killer had earlier pleaded guilty to eight counts of first-degree murder.

According to a summary of the facts read out in court, the encounter occurred on June 20, 2016, when a victim reported McArthur showed up at his place of work and asked him to meet that evening in his van in a parking lot.

The man did so and reported finding McArthur had removed the seat behind the driver’s seat so that there was room to lie down, revealing a plastic sheet on the floor of the van and a fur coat on top of that.

McArthur asked the victim to lie on the coat and instructed him to put an arm behind his back. Then, “with a look of determination on his face,” he “grabbed the victim’s throat and started strangling him,” Crown lawyer Michael Cantlon said in court Monday.

“What do you want from me,” the victim asked, according to the statement of facts. McArthur did not respond and “continued squeezing the larynx” of the victim, who was unable to swallow properly for a week, Cantlon said.

The victim managed to roll away and escaped the van. He later called 911.

McArthur went to the police station on his own and was arrested, but gave an exculpatory statement, court heard.

“An officer released Mr. McArthur without charges, believing his statement to be credible,” Cantlon said.

In a statement last week, Gauthier’s lawyer said the decision not to charge McArthur for the 2016 incident “was made in conjunction” with Gauthier’s supervisor “and based on the information available at the time.”

“Gauthier conducted a proper investigation and fully documented the arrest of McArthur so that the information was available to all other investigators,” said lawyer Lawrence Gridin.

“McArthur’s monstrous nature was difficult to uncover because he led a life of extreme deception, not because of anything to do with the 2016 arrest … Gauthier has great sympathy for the victims and the community.”

According to police tribunal documents, Gauthier was previously charged with two counts of professional misconduct while he was with the sex crimes unit.

Those charges, which are unrelated to the McArthur case, were ultimately dropped and the matter was dealt with internally.

The police document that outlined the earlier allegations against Gauthier stated that, beginning in July 2011, Gauthier was working with the sex crimes unit when he was investigating a case where he had reasonable and probable grounds to arrest the suspect. Specifically, Gauthier had DNA evidence identifying the alleged perpetrator through a positive link to an offender in the National DNA databank.

But the suspect was never arrested. Five years later, Peel Regional Police arrested the same man for unrelated sexual offences. During the Peel police investigation, it was determined that “the information originally received in 2011, by (Gauthier), was never acted on,” according to police documents.

According to the police document, Gauthier “failed to ensure that a thorough investigation was conducted”; “failed to ensure” the DNA link was acted upon; and “failed to ensure” that the measures were in place for the apprehension of the suspect.

“In so doing, you committed misconduct, in that you did, without lawful excuse, neglect or omit to promptly and diligently perform a duty, as a member of the police force of which you are a member.”

McArthur pleaded guilty earlier this week to eight counts of first-degree murder in the deaths of Kinsman, Esen, Lisowick, Majeed Kayhan, Soroush Mahmudi, Skandaraj (Skanda) Navaratnam, Abdulbasir Faizi and Kirushnakumar Kanagaratnam.

With Star files

Wendy Gillis is a Toronto-based reporter covering crime and policing. Reach her by email at wgillis@thestar.ca or follow her on Twitter: @wendygillis





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