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DRUG SQUAD OFFICER WINS BACK HIS JOB
Constable Beat Cocaine Addiction
Police May Appeal Panel's Decision
An undercover drug squad officer who lost his job after becoming addicted
to cocaine could soon be reinstated with the Toronto police.
"I'm ecstatic to get back to policing," Robert Kelly said after learning
the decision of the Ontario Civilian Commission on Police Services. "I am
happy to now know ... I can continue to serve this great city with the same
passion and ambition as I had before."
The commission overturned the judgment of an internal police tribunal that
forced Kelly to resign or be fired in October 2004, after he had pleaded
guilty to two charges under the Police Services Act.
The Toronto Police Service is deciding whether to appeal the decision, said
a spokesperson.
Kelly described his case as precedent setting. "It shows that persons on
this job with addictions, alcoholism, stress or other life-altering issues
are not criminals, but rather recognized as having an illness," he said.
Kelly's lawyer, Peter Brauti, agreed, saying in an interview that Kelly had
worked through a lot of traumatic events, including his father's death and
the shooting of his partner, "and as a result of that, addiction to drugs
was an act of self-medicating."
Brauti said Kelly would be put on administrative duties, not back on the
drug squad.
Kelly urged others to seek treatment. "I feel strongly ( my addiction ) will
never resurface."
During the tribunal, Brauti and Staff Insp. George Cowley, who acted as
prosecutor, agreed Kelly could stay on the force subject to 14 conditions
that included random drug testing. The tribunal judge, Supt. Tony Warr,
rejected their submission and Brauti appealed.
"OCCOPS found that the hearing officer had overstepped his boundaries by
not accepting the joint submission," Brauti said of the civilian panel's
decision.
Kelly was arrested in November 2001. On Jan. 23, 2004, he pleaded guilty in
court to two charges of possessing 3.5 grams of cocaine. He was sentenced
to two years' probation and 200 hours of community service. He later
appeared before the police disciplinary tribunal.