Lawyers for a Toronto police constable accused of leaking information to criminals in a corruption case that has rocked law enforcement in the region are asking the court to reconsider the decision to deny him bail.
Const. Timothy Barnhardt is one of eight active and retired Toronto police officers charged last month in an organized crime and corruption investigation led by York Regional Police.
Officials have said the probe uncovered allegations of bribery, conspiracy to commit murder and drug trafficking, among other offences.
Barnhardt, 56, faces 17 charges, the most of any of the officers accused in the investigation. They include charges related to cocaine trafficking, bribery and weapons. He has remained in custody since his arrest last month.
“The Supreme Court has said that release should be the norm and detention essentially is the exception. So it’s not really normal for anyone to be detained,” said criminal defence lawyer Nick Cake, who is not connected to the case.
He adds there are several factors that could trigger a bail review.
“One is one of the parties doesn’t agree with the decision made by the lower court, and it also could be that there’s a material change in the accused individual’s plan,” he explained. “Maybe they’ve found more sureties, they’ve put more safeguards in place, and they’ve come up with a more solid plan.”
Barnhardt’s hearing on Thursday was adjourned until March 31. The evidence and arguments made at the bail hearing and Thursday’s review proceedings are covered by a standard publication ban.
Police investigators allege Barnhardt gave personal information to Brian Da Costa, a man suspected of several drug trafficking and bribery offences.
Da Costa, one of several suspects alleged to have sought confidential information from officers, is considered a “key figure” in a criminal network that includes international ties, investigators said. He was released on $1.5 million bail earlier this month with the requirement to be under GPS monitoring and constant supervision by his sureties, along with other conditions.
In addition to Da Costa, 18 other suspects were arrested in the investigation, including two youths.
Other Toronto police officers charged include Derek McCormick, Elias Mouawad, John Madeley Jr. and his father, retired constable John Madeley Sr., as well as Robert Black, Saurabjit Bedi and Carl Grellette.
None of the allegations has been proven in court.
When the charges were announced last month, Toronto police Chief Myron Demkiw said the case shook the “very foundation” of public trust in the force.
The accused officers have been suspended and the chief said he would seek to have some of them suspended without pay, in line with policing laws.
Demkiw said officials have also asked the province’s policing inspector general to conduct an independent investigation.
Files from Shauna Hunt were used in this report