A Toronto cop who has collected more than half a million dollars on paid suspension has been demoted for two years for admitting he didn’t actually see drugs “in plain view” in a suspect’s car despite “inaccurately” testifying to that in court.
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Some would call that lying.
Const. Richard White, 48, pleaded guilty in April to discreditable conduct.
“Const. White has undermined the credibility, reputation and the Core Values of the Toronto Police Service,” wrote the tribunal hearing officer, Insp. Suzanne Redman, in her ruling this week.
“Failing to keep notes of his interactions with the public on multiple occasions and then testifying inaccurately causing a Criminal/CDSA case to become no longer viable does such a disservice to the public, as a possible criminal did not have to answer for his/her alleged crimes and was allowed to return to society possibly to re-offend and further victimize.”
The two-year demotion from first to second-class constable as well as additional training will demonstrate such conduct “will absolutely not be tolerated and will be taken very seriously by the Service and hopefully will serve to instill public trust,” she said.
The 18-year veteran had also faced criminal charges of theft, perjury and obstruction of justice — but they were withdrawn by the Crown in 2023.
The scandal dates back to May 2017 when a group of 12 Division officers busted a man in a Honda for drug and gun-related offences on Weston Rd.
According to court documents, officers found 2.57 kilograms of cocaine, 1.69 kg of methamphetamine, 113 grams of heroin, 8.7 kg of marijuana and four kilograms of hashish inside the car, along with $130,000 in cash, six cell phones and a Ruger handgun with ammunition.
In February 2018, White “inaccurately” testified at the man’s preliminary hearing that drugs “were in plain view” which enabled them to search his vehicle without a warrant.
But that wasn’t true.
“During this investigation, as a result of deficiencies in your notes, an inaccurate record of events was created: You made notes that you observed drugs in plain view in H.N.’s vehicle subsequent to the arrest, when in fact those drugs were not in plain view,” Redman wrote, quoting the agreed statement.
“You failed to make notes of a search of H.N.’s vehicle that was conducted by yourself and other officers at the scene.”
The judge stayed H.N.’s drug charges and his lawyer Kim Schofield reported the officers to professional standards.
White and two colleagues then came under investigation for allegedly stealing $50,000 during the 2017 arrest and then covering it up in their memo books and in sworn testimony at the suspect’s prelim.
In October 2019, White and his co-accused Aseem Malhi were charged and suspended with pay. The Toronto Sun reported at the time that a third officer under investigation committed suicide a few weeks before.
In the agreed statement, White admitted to leaving “large gaps” in his notes which led to his inaccurate testimony. His lawyer Joanne Mulcahy said he was overwhelmed by his heavy workload and had “mixed up occurrences including a related arrest involving someone with a similar name.”
His misconduct violated the very core of his duty as a police officer by “failing to make accurate notes of his interaction with a suspect, neglecting to take notes of a vehicle search, and then testifying inaccurately at a preliminary inquiry,” the hearing officer wrote.
“Const. White failed to take notes, not once, but 20 times over a period of time from April 5, 2017 to July 20, 2017, and at least one serious criminal matter was derailed as a result of his inaccurate notes and inaccurate testimony.”
While Redman noted that White had an excellent record, with multiple commendations, he also has a Police Act conviction in 2013 for making unauthorized police checks, resulting in a loss of 26 days’ pay.
His history indicates an officer who is dedicated to his profession, “but who has now twice exercised such extremely poor judgment that it has brought him to the Tribunal,” she said.
He’s unlikely to get another chance.
“Const. White is an experienced officer who undoubtedly now knows better, and should he find himself before the Tribunal again he will no doubt face an even more significant penalty, possibly even termination.”
Asked if he had anything to say at his April hearing, White said, “Just looking forward to getting this by me, and back on the road to serve the city again.”
For some reason, he will get that chance.