Charges stayed against Ottawa police officer, tow truck operator in alleged kickback scheme
All charges laid against an Ottawa police officer and a tow truck operator in an alleged tow-truck kickback scheme were stayed Tuesday due to what the court found was an unreasonable delay in the proceedings.
In her decision, Justice Sheila Ray told court, "I have been persuaded that there has been a violation of section 11(b) of the Charter and I'm staying the proceedings against Mr. Assaad and Mr. Ishraki." That section of the Charter of Rights and Freedoms guarantees any person charged with an offence the right to be tried within a reasonable time.
The RCMP charged Jason Ishraki and Ottawa police constables Hussein Assaad, Andrew Chronopoulos and Kevin Putinski in April 2020 with numerous offences including breach of trust and secret commissions after an investigation into an alleged plot to tip off some local tow truck drivers to collision scenes in exchange for a fee.
Last week, most charges against Chronopoulos and Putinski were stayed. Putinski pleaded guilty to one count of fraud under $5,000. He was given a conditional discharge of 18 months of probation and will have no criminal record.
The two officers also resigned from the Ottawa Police Service, effective on Friday.
In a statement to CTV News Ottawa, Assaad's laywer Joseph Addelman said, "The conduct of the RCMP and MAG [Ministry of the Attorney General] resulted in severe delay and hardship to my client. As a result my client's constitutional rights were damaged beyond repair."
Addelman said the decision to stay all charges against Assaad was the right one.
"The harm done was not just to my client but to the administration of justice and to the community. This was a win for the administration of justice as much as it was for my client," he said.
Ishraki's lawyer, Mash Frouhar, said her client is happy to be able to finally move on.
"On behalf of Mr. Ishraki, we are of the view that the Honourable Justice Sheila Ray has properly recognized the excessive delay of over 30 months in this case and the clear breach of my client's Charter rights," Frouhar wrote in a statement. "The court found that the delay in this matter was largely due to the manner in which the RCMP and the Crown prosecutors decided to deal with disclosure issues, and not due to complexity or COVID related delay as suggested by the Crown."
CTVNews.ca Top Stories
B.C. tenants evicted for landlord's use after refusing large rent increase to take over neighbouring suite
Ashley Dickey and her mother rented part of the same Coquitlam duplex in three different decades under three different landlords.
Mountain guide dies after falling into a crevasse in Banff National Park
A man who fell into a crevasse while leading a backcountry ski group deep in the Canadian Rockies has died.
Expert warns of food consumption habits amid rising prices
A new survey by Dalhousie University's Agri-Food Analytics Lab asked Canadians about their food consumption habits amid rising prices.
MPP Sarah Jama asked to leave Ontario legislature for wearing keffiyeh
MPP Sarah Jama was asked to leave the Legislative Assembly of Ontario by House Speaker Ted Arnott on Thursday for wearing a keffiyeh, a garment which has been banned at Queen’s Park.
Charlie Woods, son of Tiger, shoots 81 in U.S. Open qualifier
Charlie Woods failed to advance in a U.S. Open local qualifying event Thursday, shooting a 9-over 81 at Legacy Golf & Tennis Club.
Ex-tabloid publisher testifies he scooped up possibly damaging tales to shield his old friend Trump
As Donald Trump was running for president in 2016, his old friend at the National Enquirer was scooping up potentially damaging stories about the candidate and paying out tens of thousands of dollars to keep them from the public eye.
Here's why provinces aren't following Saskatchewan's lead on the carbon tax home heating fight
After Prime Minister Justin Trudeau said the federal government would still send Canada Carbon Rebate cheques to Saskatchewan residents, despite Saskatchewan Premier Scott Moe's decision to stop collecting the carbon tax on natural gas or home heating, questions were raised about whether other provinces would follow suit. CTV News reached out across the country and here's what we found out.
Montreal actress calls Weinstein ruling 'discouraging' but not surprising
A Montreal actress, who has previously detailed incidents she had with disgraced Hollywood producer Harvey Weinstein, says a New York Court of Appeals decision overturning his 2020 rape conviction is 'discouraging' but not surprising.
Caleb Williams, Jayden Daniels and Drake Maye make it four NFL drafts with quarterbacks going 1-3
Caleb Williams is heading to the Windy City, aiming to become the franchise quarterback Chicago has sought for decades.