Crown calls evidence tracking at Hamilton police station 'pathetic'

The Crown prosecutor at the trial of a Hamilton police officer accused of taking bribes from a crew of drug dealers unleashed a scathing review of Hamilton police in court Wednesday calling evidence tracking at one undercover police station "pathetic."

Det. Const. Craig Ruthowskyreturned to the witness box for a seventh day in a Toronto courtroom, as the trial into his misconduct allegations continues. After four days of evidence in chief, Ruthowsky has been sparring with the Crown for three days over the intricacies of his testimony.

Court has heard several times over the five weeks the trial has been ongoing about thepolice guns and gangs unit's "undercover" unmarked detachment on HamiltonMountain. Both Ruthowsky and other officers have testified that seized property evidence wasn't catalogued there as it normally would be.

That would probably be the first time you everfollowedpolice procedure.- John Pollard, assistant Crown attorney

Ruthowsky testified that guns, hundreds of thousands of dollars, thousands of grams of cocaine, and other seized evidence sat in a couple of jail cells in theabandoned building, instead of in locked storage lockers, where theycould be properly catalogued. Assistant Crown attorney John Pollard didn't hide his opinions aboutthat situation Wednesday.

"The situation with property at the [guns and gangs unit's headquarters]was pathetic, correct?" Pollard asked.

"It wasn't very good,"Ruthowskyagreed.

Ruthowsky, 44,is accused of selling police secrets and protection for $20,000 monthly payments from a cadre of drug dealers.

The17-year-veteran of Hamilton policehas pleaded not guilty in Superior Court in Toronto to charges of bribery, attempting to obstruct justice, trafficking cocaine, criminal breach of trust, and conspiring to traffic marijuana.

No tracking of evidence within cell area

Ruthowsky said that officers working out of the locationhad made requests to Hamilton police higher ups for lock boxes, and other systems that would normally exist for evidence tracking in a police station.

"There was no tracking of any kind within that cell area, correct?" Pollard asked.

Ruthowsky answered no, there was nocentraltracking system, but later said there were notes kept in police reports and officer notebooks.

"Any officer, if they were corrupt, could have taken [drugs]and done something," Ruthowskysaid but he testified that no one ever did that, and there were no property issues there.

The real issue, he said, was with what's called "continuity evidence." That refers to the way evidence is handled over the course of an investigation, which is crucial to it being used in court, and proving it wasn't tampered with.

"That was our concern if we got challenged on the continuity aspect in court, there might be an issue." Ruthowsky said.

Other Hamilton police stations, Ruthowsky testified, had a drug clerk that would come and pick up seized narcotics from police stations. That didn't happen at the guns and gangs unit's location, he said. Instead, officerswould just put narcotics in the cells, and bring them to another station when they had a chance.

"We wanted a better facility. We wanted a better means to deposit these kinds of items so they could be secure like at other stations," he said.

Cocaine press comes back to the forefront

The shuttered police station became a focal point at the trial last week, when thejuryheard from Nigel Dheilly-Mattiuzzi, who saidhebought a massive cocaine pressfrom Ruthowsky there.

Ruthowskytestified he was simply trying to give the pressback to itsoriginal owner which he says he was directed to do by his supervisors.

Ruthowsky said that practice was fairly common. Heused an example ofHamilton police sometimesselling pot-growingequipment back to drug dealers. While narcotics themselves are disposed of, he said, equipment that also has a legal useis ablego back to its original owner.

Ruthowsky said it's not uncommon for Hamilton police officers to bust a grow op and see the same identifying numbers written by police on equipment from previous seizures, because they were bought back by drugdealers at auction.

According to a court order Pollard read out loudto the jury, the cocaine press was supposed to be"forfeited to the queen and disposed of."

Ruthowsky said he hadn't seen thatorder until he came to court.

"There is no intent to do anything criminal here. I was just following procedure," Ruthowsky said.

"That would probably be the first time you ever followed police procedure," Pollard shot back.

Quickly, Ruthowsky'slawyer Greg Lafontaine was on his feet objecting, as an audible groan rang out in the courtroom from Ruthowsky's family.

"Save it for your closing," Justice Robert Clark then told the Crown.

adam.carter@cbc.ca