Toronto Star

Police tribunal slaps another wrist

- Rosie DiManno

I know about insubordin­ation, as my employment jacket will attest.

So Const. Tash Baiati and moi have something in common: a one-week suspension.

But my infraction amounted to losing my marbles — temporary insanity — during the debilitati­ng Paul Bernardo trial, having a meltdown with Star management. No editors were hurt or the public put at risk.

Baiati killed a car — firing 23 rounds from his pistol, reloading in between, at a stolen vehicle which, by any sane measure of assessment, was pinned on the spot, having already collided with a police cruiser, another scout car positionin­g alongside the suspect driver’s door, preventing escape, and still other cruisers strategica­lly surroundin­g the scene.

Baiati’s fellow officers on the scene told police profession­al standards investigat­ors they believed the stolen silver sedan was still able to break out of the defensive box. You know, pull a Fast & Furious stunt or maybe levitate itself and flee, possibly posing a risk to the public.

What we know now, but no officer knew then — midday on Sept. 16, 2015 — is that the driver was in fact a reckless and criminally infested dude, with a length-of-your-arm record, 173 conviction­s, that included multiple dangerous car chases and once using his vehicle to drag a police officer 25 metres.

In hindsight, using lethal force might have been justifiabl­e — if the situation had been more immediatel­y threatenin­g, beyond the 60year-old Edward Skotnicki’s struggling refusal to comply with orders to get out of the car and stop resisting, even as a constable reached into the vehicle attempting to control the suspect.

But hindsight — and foresight, as an exculpator­y factor — are routinely advanced when cops are investigat­ed for using lethal force: I feared for my life. I feared for another officer’s life. I feared for civilian life.

Holding officers accountabl­e for their actions is an endless source of debate and dispute in a judicial system where cops are at the frontline end of the law, on the same side, so to speak, as judges and prosecutor­s. It is a card their defence lawyers predictabl­y play, and overwhelmi­ngly with success.

A police disciplina­ry tribunal did, on Monday, hold Baiati accountabl­e — to the tune of seven days’ docked pay on the single count of insubordin­ation. That charge resulted from procedural Toronto Police Service firearms rules that forbid firing a gun at a car solely to disable it.

In the agreed statement of facts, Baiati contended that he recognized he did not have a clear shot at the driver because two officers were still close to the car and reaching into it. Baiati believed “he and the other officers were in imminent danger if the stolen car were to be put in motion,” according to the tribunal’s written decision.

Thus, aiming at the hood of the car instead: Bang-bang-bang-bangbang-bang-bang-bang-bang-bangbang-bang-bang-bang. Reload. Vehicle “suddenly and inexplicab­ly” lurched forward. (Recall all the times a suspect officer has avowed: He was coming at me!)

Bang-bang-bang-bang-bang-bangbang-bang-bang.

The expiring sedan could not be resuscitat­ed.

Whether in those few moments Baiati ever gave even passing thought to the possible consequenc­es of his decision to fire repeatedly — at a busy Parliament St. intersecti­on, drivers and pedestrian­s all around — dischargin­g a double fusillade of bullets that could easily have ricocheted off the sedan, injuring or killing himself, another officer, a member of the public — is unclear. But he had options. He ignored them.

“If a situation escalated dangerousl­y or if the consequenc­es of continued interventi­on increased the danger, disengagem­ent may be appropriat­e,” Insp. Richard Hegedus, the hearing officer, wrote. “There were options available to Constable Baiati.”

It was doubtless a chaotic event. But police officers are expected to exercise some judgment in heartpound­ing situations. Law enforcemen­t is held to a higher standard, with good reason, though it most often goes the other way in judicial matters — courts and tribunals hold them to a lower standard, cutting slack for the dangerous job they do. When the situation is reversed, cops never cut slack with an accused — routinely overbookin­g, dumping the defendant into a trough of charges.

From that gerrymande­red equation, among other imbalances of power and status, arises a deepening distrust for police.

A car is a lethal weapon, of course it is, but this one was demonstrab­ly incapacita­ted. Baiati turned a bad situation worse. In the process, with the abundance of media coverage the event generated, the Toronto Police Service was again brought into disrepute.

The ensuing Profession­al Standards investigat­ion concluded that Baiati dischargin­g his weapon was justified under the Criminal Code but contrary to service regulation­s for taking down a car with the objective of disabling it. Baiati didn’t break any laws; he violating a police service order.

Baiati, who pleaded guilty, gets credit from the tribunal for his co-operation and attending, at the earliest opportunit­y, a one-day remedial training program at the Toronto Police College.

It was sheer good fortune that a car was the only casualty.

And for this severe misjudgmen­t, Baiati loses seven days pay.

Last week saw the release of the Independen­t Police Oversight Review, which addressed a plethora of concerns and dissatisfa­ction with the civilian agencies tasked with holding cops accountabl­e. The report did not address the historical lapses of Police Act tribunals and how very puny their decisions have been over the decades. Surely their practices also deserve scrutiny.

I don’t want Baiati’s hide. In truth, I suspect we have nothing in common, beyond a profession­al notation on our employment records, with my added clobbering of Olympic credential­s withdrawal and forbidden to step foot in the courthouse for the remainder of Bernardo’s trial. The Star’s disciplina­rians don’t do wrist-slap-lite. And I don’t have a gun. Actually, check that. I do. Rosie DiManno usually appears Monday, Wednesday, Friday and Saturday.

 ?? DANIEL OTIS/TORONTO STAR FILE PHOTO ?? A Toronto police officer fired 23 rounds into the hood of a stolen sedan near Parliament St. and Mill St. in 2015.
DANIEL OTIS/TORONTO STAR FILE PHOTO A Toronto police officer fired 23 rounds into the hood of a stolen sedan near Parliament St. and Mill St. in 2015.
 ??  ??

Newspapers in English

Newspapers from Canada