No evidence of collusion in Det.-Const. Jeffrey Northrup murder trial: OPP

· Toronto Sun

Allegations by a judge that Toronto Police members colluded to lie on the stand during the trial of the man acquitted of killing Det.-Const. Jeffrey Northrup have no basis in fact.

And the president of Toronto’s Police union demanded the trial judge, Ontario Superior Court Justice Anne Molloy, publicly apologize to the officers she accused of being untruthful, and to Northrup’s widow.

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That was the conclusion of an OPP-led investigation into serious allegations of police misconduct made by Molloy in her instructions to the jury deciding the fate of Umar Zameer — the man arrested and later found not guilty of running down and killing the 55-year-old veteran TPS officer.

“The OPP investigation found no evidence to support the belief that Detective Constables Lisa Forbes, (Scharnil) Pais or (Tony) Correa lied or colluded to lie,” read an excerpt from the 50-page report, a copy of which was obtained by the Toronto Sun . “The allegations made regarding the officers’ conduct, amounting to an obstruction of justice, were not found to be based on the actual testimony and evidence presented. The OPP has concluded this investigation with no reasonable grounds to believe that a criminal offence has been committed by the officers involved.”

READ THE REPORT HERE

Northrup run down, killed by fleeing car

Northrup was killed shortly after midnight on July 2, 2021, while he and fellow officers investigated a late-night stabbing near Toronto City Hall.

Zameer, in his BMW with his wife and young child, were stopped by Northrup and his colleagues as the family attempted to leave the underground parking garage.

Telling the court he didn’t realize the plainclothes officers were police, Zameer attempted to flee — striking and subsequently running over Northrup in the process.

Northrup died from his injuries.

The report, released Tuesday afternoon, came at the behest of Toronto Police Chief Myron Demkiw, who in April 2023 requested the OPP conduct an independent review into comments made by Justice Molloy during her charge to the jury, instructing jurors that they must consider the possibility of collusion amongst officers who witnessed Northrup’s death.

Judge told jurors to consider police collusion

Molloy told jurors evidence presented at the trial did not match what Forbes, Pais and Correa testified, particularly concerning Northrup’s position when he was struck, with all three officers telling the court that Northrup was standing upright in front of the car when he was struck.

“When three versions of an event are wrong, and wrong in the same way, you must also consider whether there has been collusion between those witnesses,” Molloy told the jury.

“Ladies and gentlemen, it is possible for one officer to have a memory of Officer Northrup standing in front of the vehicle in the middle of that laneway with his arms raised to his chest level and his palms outstretched, even if that memory is not accurate. It is for you to decide if it is possible for three officers to have that same mistaken memory.”

While TPS collision reconstructionists concluded Northrup was standing next to Zameer’s front-left fender and knocked to the ground when the car reversed, the OPP’s re-investigation found no evidence to support this — claiming both the TPS and defence analysis failed to take the BMW’s collision mitigation technology into consideration.

“The OPP reconstructionist concluded Det.-Const. Northrup was standing at the BMW’s front-left corner when the BMW accelerated forward, struck Det.-Const. Northrup, plowed him along the ground, drove over him and fled the scene,” the report reads, corroborating witness testimony from the other TPS officers at the scene.

Evidence also found handprints and contact marks that support the OPP’s conclusions.

Timelines offer no opportunity for officers to compare notes

As for accusations that Correa and Pais colluded to lie in their notes, timelines provided by the OPP show both officers were transported to Mount Sinai Hospital, where they spent three hours in a busy public waiting room surrounded by civilians and other officers.

From 4:42 a.m. until 8 a.m., the pair then went to 52 Division, where again they were surrounded by TPS employees, with witnesses telling investigators that they were never left alone, or reported discussions between the two.

From 8 a.m. until 9:35 a.m., both officers were provided separate statements to TPS homicide investigators.

“There was no evidence of collusion between the three officers that would support the reasonable belief that they colluded to lie,” the report read. “The fact that all three eyewitness officers testified they saw a similar sequence of events does not amount to evidence that they lied and/or colluded to lie. There is no tangible or witness evidence supporting reasonable grounds to believe Detective Constables Forbes, Pais and Correa lied or colluded to lie.”

TPA president to Molloy: ‘you are wrong’

Speaking at a news conference early Tuesday afternoon, an emotional Demkiw praised the three officers, saying they continue to serve the city with integrity.

“The independent investigation has now determined that they did not lie,” said an emotional Demkiw during a Tuesday afternoon news conference. “But the personal toll this process has taken on these officers has been enormous.”

Toronto Police Association president Clayton Campbell called the OPP report a “vindication” of Forbes, Pais and Correa, but said it’s no reason to celebrate.

“(Northrup’s) death is still deeply felt by his wife Margaret, his three children, his colleagues and friends,” he said. “Jeff is no longer with us as he stood in front of a car — a fact that has been confirmed today by the OPP — he was struck and killed by Umar Zameer. This is a fact, and one that has been repeatedly overshadowed.”

The lives of the three vindicated officers were permanently impacted that day, he said — with their reputations tarnished and their careers uncertain.

“They’ve been living with these shadows of a doubt from the comments made by the trial judge Justice Anne Molloy,” Campbell said. “She categorically said that our members were neither truthful nor reliable. She stated that our officers pointed their guns at the head of Mr. Zameer and his wife. Today, I clearly say to Justice Molloy: you are wrong.”

Northrup death prompted changes, chief says

He said that while police officers are held accountable for their misconduct, the same should be true for judges.

“While Jeff’s grieving widow and colleagues sat just feet away, (Molloy) apologized to a man who killed a police officer,” Campbell said, demanding Molloy do the right thing and offer a public apology.

As for the deficiencies found in the TPS reconstruction of the collision, Demkiw said the OPP’s findings highlight the need to strengthening investigative review, accountability and oversight within Toronto police.

“Since 2021, the traffic service’s collision reconstruction unit has undergone significant changes in training and investigative practices,” Demkiw said.

“These improvements reflect an ongoing effort to strengthen the quality, rigor, and oversight of collision reconstruction work, in addition to broader efforts to improve quality assurance across the service.

“We owe to the legacy of Det.-Const. Jeff Northrup to continue doing everything we can to improve as an organization.”

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