Still no sign of Hamilton officer facing penalties for unlawful arrests

Const. Jeff Todoruck misses another conference call as a tribunal looks to sort out his punishment for detaining journalists at fatal crash scene

A police officer convicted of disciplinary charges has vanished from his hearing process and nobody knows when — or if — he will return to face his penalty.

Const. Jeff Todoruck’s quiet withdrawal from his Police Services Act hearing is a far cry from the loud and hostile behaviour that landed him in hot water in the first place.

Todoruck, who wrongfully arrested a photojournalist, was once again a no-show for his own hearing on Sept. 21 when he failed to dial in to a conference call.

Because Todoruck has been representing himself after parting ways with his lawyer, hearing officer Peter Lennox and prosecutor Brian Duxbury have no counsel to contact and are in the dark as to the officer’s circumstances. The Hamilton Police Service is limited in the personal information it can provide to the hearing.

On Aug. 18, Todoruck didn’t come to police headquarters for what was supposed to be the start of penalty submissions. That day, the hearing heard he is on a sick leave and it had been several months since he had contact with Lennox.

In the month since, the hope was Todoruck would be ready to rejoin his hearing or more information would become available.

Neither was the case. There is no indication if he is too ill to participate in his hearing, exactly when he left work, how long he is expected to be off, or how or when the tribunal can move forward.

The veteran patrol officer was all over social media three years ago when he was caught on video losing his cool and arresting two photojournalists at a scene.

Jasmin Hanif, 10, was killed by a vehicle in Waterdown. Jeremy Cohn, with Global News at the time, and freelancer Dave Ritchie arrived at the scene after her body was removed.

Flushed, aggressive and loud, Todoruck can be observed “grounding” Cohn, shouting at another journalist and intentionally shining a search light into news cameras.

Ritchie was charged with obstructing police and resisting arrest. He entered into a peace bond and the charges were withdrawn.

Cohn was released without charges.

Todoruck argued the photojournalists were obstructing him at the scene. Lennox ruled they weren’t.

Media coverage of Jasmin’s death led to roads in her neighbourhood being made safer.

Todoruck called Jasmin’s father as a witness at his hearing.

Afterward, Shakeel Hanif told The Spectator his summons interrupted his ability to grieve.

“I wish to God it would end,” he said.

In June, Todoruck was found guilty of one count of unlawful or unnecessary exercise of authority for arresting Cohn; two counts of neglect of duty for failing to read Cohn and Ritchie their rights to counsel and one count of discreditable conduct for leaving Ritchie handcuffed in a cruiser unattended.

Until Todoruck went on sick leave, he was continuing to perform his duties while collecting full pay. In 2019, according to the public sector disclosure list, he earned $127,341.80 and $506.39 in benefits.

His absence raises the possibility he is dragging the process out until he is eligible for retirement.

The prosecutor has not yet indicated if he will ask for Todoruck to be fired or if he will seek a demotion and a pay cut. That could also affect his pension by reducing his peak earning years on which it will be calculated. Todoruck’s absence has placed any penalty on hold.

Delay is not a new tactic for officers facing Police Services Act charges.

Disgraced inspector David Doel collected $600,000 in pay during more than four years of suspension. He retired just as his hearing was to begin.

Duxbury will again attempt to get more information about Todoruck’s ability to participate in his tribunal and another conference call will be held Oct. 23.