Toronto

‘Make it right’: Union calls for judge who said officers lied at trial to publicly apologize

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Three officers accused of collusion in the trial involving the death of a fellow officer have been cleared following an independent investigation by the OPP.

The head of the Toronto Police Association is calling on a judge to apologize following the release of an independent report clearing three officers she previously accused of “colluding to lie” during the 2024 trial of a man accused of killing their colleague of misconduct.

TPA president Clayton Campbell made the remarks during a press conference held to discuss a 55-page report that was requested after Umar Zameer was acquitted of first-degree murder in the 2021 death of Det. Const. Jeffrey Northrup.

During the trial, Ontario Superior Court Justice Anne Molloy had taken issue with the testimony of three officers regarding the night Northrup was struck and killed in the parking garage below Toronto City Hall in 2021, advising jurors that three “versions of the event are wrong, and wrong in the same way, you must also consider whether there has been collusion between those witnesses.”

In the report, OPP investigators expressed “significant concerns” that the collision theories presented by experts during the trial “were not supported by the available evidence.” OPP said analysis of those experts “relied heavily on a low-resolution, low-frame-rate video ... while overlooking critical evidence such as Detective Constable Northrup’s fingerprints on the vehicle’s hood.”

The OPP report, it should be noted, did say that “the conclusions reached by the trial judge were necessarily limited to the evidence presented during trial.”

“Today, I clearly say to Justice Molloy: you were wrong. As stated in the OPP report, there is no evidence to demonstrate that officers Pais, Correa and Forbes lied or colluded to lie,” Campbell said at a news conference alongside Toronto Police Chief Myron Demkiw.

On Tuesday, Toronto police published Ontario Provincial Police’s investigation into the testimonies provided by Det. Const. Lisa Forbes, Det. Onst. Scharnil Pais and Det. Const. Antonio Correa.

Molloy stated during the high-profile trial in 2024 that all three of their statements did not match up with the physical evidence that was presented in court, particularly where Det. Const. Jeffrey Northrup was when he was struck and killed by the vehicle Umar Zameer, the defendant, was driving.

Molloy also called the officers’ testimony inaccurate with regards to where Northrup was standing, as they said he was directly in front of Zameer’s 2011 BMW 5 Series.

“Further, the fact that their versions dovetail so closely with each other and with Officer Forbes leads me to the inexorable conclusion that they not only lied, but they colluded to lie,” Molloy wrote.

Speaking to reporters on Tuesday afternoon, Campbell expressed his thanks for the OPP’s findings and said today’s focus is on the “vindication” of officers Pais, Correa and Forbes.

“However, while they’ve been vindicated of any wrongdoing, this is not a reason to celebrate,” Campbell said, pointing to Northrup’s death and how deeply it is felt today by his family, friends, and colleagues.

“Since this tragic incident, our members’ lives have been permanently impacted. Their careers remain uncertain and their reputations have been called into question. Their personal and professional relationships have been strained and, in some cases, broken.”

Campbell expressed how Molloy’s words impacted the officers, how her words brought public shame and tarnished the reputation of not only the “entire” policing profession, but to Northrup’s grieving widow too.

“Judges should also take accountability. They are not beyond reproach. They cannot be shielded from public criticism,” Campbell said.

“Today, I take the first step in demanding accountability by publicly asking Justice Molloy to make things right because of Justice Molloy’s comments, our members were accused of tarnishing the memory of a deceased colleague.”

Specifically, Campbell is seeking an apology for the three officers and Northrup’s widow Margaret.

“I think her comments are what triggered the chief to have to do this investigation. Two years of stress, anguish for these three officers, I think the least you can do is apologize,” Campbell said.

Demkiw refused to comment on Campbell’s request, saying he was present at Tuesday’s news conference to speak about what was presented in OPP’s report.

When asked about whether or not Campbell was considering proceeding with legal action, he said they will sit down with the three officers “to look at all options.”

‘Completely internal investigation’

Former Crown attorney Michael Coristine said it is important to note that the findings presented in OPP’s report on Tuesday only reviewed the file and transcripts from the 2024 trial—not quite an apples-to-apples comparison, he says, considering Justice Molloy viewed the officers’ testimony through cross examination, evidence and witnesses.

“That’s not to say that there can’t be some middle ground or that maybe one side is correct and the other isn’t, in terms of the trial findings versus the report findings,” Coristine told CP24 in an interview Tuesday.

Coristine also pointed out that Zameer and his counsel were not part of the report, which he says makes it “a completely internal investigation.”

“There were not external participants, such as defense counsel or anybody that might be able to shed light on maybe why things played out the way they did at trial,” Coristine said, later adding that the report put out by provincial police has not been subject to any scrutiny as of yet.

Apology is ‘uncalled for’

When asked about Campbell’s calls for an apology from Molloy, Coristine said it’s unlikely he’ll hear one and that it’s ultimately uncalled for.

“This case, it was certainly divisive, very polarizing, but again this is one of the more experienced, respected jurists on the Superior Court bench, in any bench on this country, and I think it’s uncalled for,” Coristinesaid.

“Listen, nobody appealed, and if the state was of such a view that her honour was manifestly incorrect in her evaluation of the evidence or applying the law, then that would have been the proper forum to pursue what was not done.”

With files from CTV News Toronto’s Phil Tsekouras