Toronto Police Association alleges misconduct in dropping of charges against assistant crown attorney



    TORONTO, Jan. 8 /CNW/ - The Toronto Police Association (TPA), is filing a
formal complaint with the Ministry of the Attorney General and asking the Law
Society of Upper Canada, (the governing body for lawyers in Ontario), to
investigate the conduct of assistant crown attorney Jeanine E. LeRoy of
London.
    On January 7, 2009, the day the trial was to start, LeRoy dropped
criminal charges against another assistant crown, Roger Shallow, laid against
him as a result of his arrest on October 6, 2007 in Toronto's 'Entertainment
District'. Shallow was charged with causing a disturbance and assault to
resist arrest.
    LeRoy dropped the charges against Shallow without adequate explanation
and after repeatedly ignoring numerous contacts from Toronto police
investigators for weeks in advance of the trial date which were made, as is
normal practice, to discuss the case which she was appointed to prosecute.
    "The dropping of the charges on the day the trial was to start and the
refusal of this assistant crown to meet with officers to discuss the
prosecution of the case is beyond unacceptable, it is a miscarriage of
justice," according to TPA President, Dave Wilson.
    "We want answers from the Ministry of the Attorney General. The behaviour
of this assistant crown is disgraceful and unprofessional, and constitutes
misconduct which is why we are also lodging a complaint with the Law Society,"
adds Wilson.
    Shallow was arrested October 6, 2007 in the Entertainment District and
charged with causing a disturbance and assault to resist arrest. Months later,
he went before a Justice of the Peace and had assault charges laid against two
of the arresting officers, charges which are still before the courts.


    SHALLOW BACKGROUNDER AND CHRONOLOGY

    October 6, 2007: Assistant Crown Attorney Roger Shallow, apparently
intoxicated, is arrested in Toronto's "Entertainment District" and charged
with causing a disturbance and assault to resist arrest. Upon his arrest, he
is heard to utter words to the effect, "you just made me a million dollars."
He is taken to 52 Division where the booking DVD shows he improperly attempted
to seek special treatment by virtue of his position.

    Early May, 2008: Shallow goes before a Justice of the Peace and alleges
assault against some of the arresting officers.

    June 17, 2008: Justice of the Peace David Hunt permits charges against
two of the arresting officers to go ahead.

    November 13, 2008: The booking Sergeant at 52 division on the night of
Shallow's arrest is served with an Ontario Human Rights Complaint about police
conduct as a result of his arrest. (Shallow asks that the Human Rights
tribunal order that the officers apologize to him and re-lace his shoes).

    November 17, 2008: The officer responsible for the prosecution begins
notifying witnesses and preparing for Shallow's trial, set for January 7th,
2009.

    November, 2008 - January, 2009: The officer responsible and other
investigators make numerous attempts to contact assistant crown J. LeRoy in
order to meet and prepare for Shallow's trial. She returns none of these calls
or emails.

    January 6, 2009: At 8:30 a.m., one day before the Shallow trial is to
start, the officer responsible for the prosecution leaves a voice mail with
LeRoy pleading for some response in advance of the trial which is to begin the
next day, January 7th, 2009. The first and only response from assistant crown
LeRoy is the following email, sent at 4.36 p.m. on January 6th:

    Sorry for the lateness of this reply. The first two days back after the
    holidays have been hectic on this end - as I'm sure they have been for
    you too. I will be contacting (one of the officers) after I send this
    email to you to let her know that I have decided to withdraw the charges
    against Mr. Shallow tomorrow. I appreciate your work in notifying the
    officers about the trial. J.

    Jeanine E. LeRoy

    It is worthy of note that LeRoy did not speak to the victim of the
alleged assault at any time, even after deciding the charges would not
proceed.





For further information:

For further information: media contact: Louise Gray, lgray@tpa.ca, (416)
491-4301

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TORONTO POLICE ASSOCIATION

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