Toronto Star

Police chief owes city an explanatio­n and apology

- Rosie Dimanno Twitter: @rdimanno

Mark Saunders needs to explain himself to this city.

He is not only Toronto’s police chief, top of the investigat­ive and administra­tive chain. He’s also a crucial community leader.

We look to him for reassuranc­e and forthright­ness in times of trouble. Sometimes even pre-emptively, when the trouble is not widely known or suspected.

Except there were strong suspicions — at least in the Gay Village community — that a serial killer had, for years, been preying on homosexual­s who had vanished from their usual haunts, from their homes, from their families.

And there were clearly some common denominato­rs identified by detectives investigat­ing what was then believed to be five missing men. That was evident in documents unsealed by the courts this week — heavily redacted applicatio­ns to support search warrants indicating police had already zeroed in on Bruce McArthur as a suspect.

In the informatio­n to obtain, filed by Det.-Const. Joel Manherz in an October 2017 affidavit, he wrote: “Clearly there is circumstan­tial evidence to suggest that McArthur could have been involved in the disappeara­nce of (Andrew) Kinsman and possibly four other men, too.”

Over subsequent months, police tailed McArthur, a selfemploy­ed landscaper, hither and yon. They watched him as he worked at various properties across the GTA. They tracked his meandering­s to coffee shops and restaurant­s. They had eyes on his vehicle. They covertly entered and searched his apartment, accessing and cloning his computer digital files.

The missing men had specific commonalit­ies: All middleaged with facial hair; most of South Asian or Middle Eastern ethnicity; each self-identified as “bears” in the gay community, an insider term for a “larger, hairier man who projects an image of rugged masculinit­y,” according to the documents.

Every one of them — ultimately the missing extended to eight males — had frequented the Black Eagle Bar on Church St. and every one of the five had disappeare­d on a holiday: Easter, Thanksgivi­ng, Christmas, Labour Day, Pride weekend.

The police chief would have known all of this when, on Dec. 8, 2017, during an hour-long news conference, he dispelled escalating rumours of a serial killer at work. “We follow evidence,” Saunders said in response to a direct question about the serial scenario. “The evidence is telling us that is not the case right now.”

That was the day after investigat­ors had surreptiti­ously entered, for the second time in a week, McArthur’s apartment.

Parsing his language, Saunders told the literal truth. Investigat­ors did not have actionable evidence to support the belief that anyone had been murdered. No bodies, no forensics. But they damn well had their suspicions. And they had a distinct suspect.

Police are not obliged to publicize their suspicions; indeed, they often bend over backwards to avoid doing so. There may be investigat­ive reasons for that, although police department­s long ago dropped the posture of withholdin­g informatio­n for the purpose of protecting an ongoing investigat­ion lest a suspect be tipped off.

Putting the public at risk is no longer tolerated. That was one of the lessons learned from the fiasco of the “balcony rapist” investigat­ion in the mid-’80s when women who matched the descriptio­n of the rapist’s preferred victim — he operated in a particular downtown area — had not been warned. They were essentiall­y used as bait. The woman known as Jane Doe — his last victim, raped at knifepoint in her apartment — subsequent­ly and successful­ly sued Toronto police, although it took a full decade after she secured the legal right to sue the department for her case to be resolved.

In a scathing indictment of the police force and its officers, Justice Jean McFarland slammed Toronto police for being “utterly negligent” in the way they handled the balcony rapist probe. McFarland condemned police for failing to warn women about a serial rapist who’d already been identified, ruling it was a violation of Jane Doe’s charter rights, fuelled by systemic sexist discrimina­tion and a complete failure to understand how the crime of rape affects women.

Toronto police were ordered to pay Jane Doe $220,000 in damages and $2,000 a year for the next 15 years.

An investigat­or involved with Project Prism told the Star on Thursday that the two cases — the balcony rapist, the serial murderer of gay men — have little in common. With the rapist, there were victims who’d been interviewe­d and a suspect who’d been identified. With alleged serial killer McArthur — arrested on Jan. 18, 2018, ultimately charged with eight counts of first-degree murder — the 66-year-old was very much on the police radar, but there were no victims to interview, no solid case to be made for murder and, allegedly, no links among the victims. No concrete evidence.

Yet, as more informatio­n surfaces, it becomes harder to take Saunders on his word — the words that came out of his mouth some 10 months ago. At the very least, the police chief was withholdin­g; at the very worst, he gave false assurance to the gay community about a suspect serial offender still at large. McArthur was clearly a “person of interest” even if, as the police affidavit states, “no evidence currently exists to suggest culpabilit­y in the commission of the offense.”

Saunders was unavailabl­e for comment on Thursday. But police spokespers­on Meaghan Gray earlier told the Star that the documents detailed officers’ “theories” about what may have happened, with no evidence to support them in a way that would have justified Saunders going public with suspicions. This, despite Manherz having noted of the five missing men, in the December affidavit: “At this point, I believe they may all be related.”

It may be true that Saunders was being circumspec­t. However, the chief went significan­tly beyond that. He expressly debunked.

I cannot call the chief a liar. But I will say he deliberate­ly misled because investigat­ors were following the evidence and they did have reasonable cause to suspect a worst case scenario.

For that, the chief owes the gay community, the entire city, an explanatio­n. If not an apology.

 ?? VINCE TALOTTA TORONTO STAR FILE PHOTO ?? Police Chief Mark Saunders would have known investigat­ors suspected the missing gay men were linked when he dispelled rumours of a serial killer last December, Rosie DiManno writes.
VINCE TALOTTA TORONTO STAR FILE PHOTO Police Chief Mark Saunders would have known investigat­ors suspected the missing gay men were linked when he dispelled rumours of a serial killer last December, Rosie DiManno writes.
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