A man assaulted in Toronto police custody has had the charges against him stayed — the only possible remedy, according to a judge, to “address the depth and the breadth of the serious police misconduct in this case.”

Curtis Young was arrested in January 2012 and charged with public intoxication, obstructing justice and later assaulting and threatening police officers.

Earlier this month, Ontario court Judge Donna Hackett ruled there were no grounds for the accusations that Young had assaulted or threatened the officers. She also found the officers — constables Christopher Miller, Christopher Moorcroft, Joshua James and Adrian Piccolo — assaulted Young after he was brought to the 43 Division station in Scarborough and then “lied, exaggerated and colluded” in their reports of what happened.

The assaults were captured on cellblock video — what Hackett identified as crucial evidence against the police officers. Those videos remain secret as the Star continues to fight for them in court.

After earlier ruling that Young’s Charter rights had been breached, Hackett ruled Thursday that the proceedings against him would be stayed.

The Special Investigations Unit, which investigates cases of serious injury involving police, is now also conducting a preliminary investigation of the case, while the Toronto police professional standards unit continues to monitor the situation.

In her nine-page written reasons for the decision, Hackett noted that Young was arrested for public intoxication mainly for his own safety.

“Ironically, as his continuing migraines and the head and facial injuries depicted in (a photo entered as an exhibit) illustrate, the accused most likely ended up far worse off in the hands of the police than he would have been had he not been arrested,” Hackett wrote.

She went on to say: “Nothing short of a stay of proceedings can address the depth and the breadth of the serious police misconduct in this case and its negative impact on both the delivery of justice and the integrity of our justice system and law enforcement . . . In my view, this would only serve to aggravate the assault on the integrity of our justice system occasioned by the officers in this case.”

Afterward, outside court, Young was all smiles.

“I was very pleased with the judge’s decision,” he said. “Thank God there was video.”

His lawyer, Anna Martin, said the decision was a strong statement from the court.

“Justice Hackett’s decision is a clarion call and a warning that courts will not tolerate police officers who lie or abuse their powers,” she said outside the courtroom.

Several videos captured inside the police station the night Young was arrested were entered as exhibits at the trial in February 2013. In her earlier ruling, Hackett pointed to the significance of the video evidence and the impact on her first decision.

“If there had not been video to contradict all of their notes, the consistency in their evidence could have been accepted at trial, Mr. Young convicted, and justice totally frustrated,” the judge wrote.

On Thursday the Star’s lawyer, Iris Fischer, argued the public has a right to view the video evidence that Hackett found critical to her decision.

Lawyers for the SIU and the police service opposed the release of the video, arguing they needed more time to make submissions on their reasons for blocking access. The Star’s application was adjourned until April 14. A picture of Young was released by the court.

According to Hackett’s description of the videos, one shows four officers piling onto Young in his cell and after several seconds leaving him sprawled out on the bench.

Loading... Loading... Loading... Loading... Loading... Loading...

It’s not clear, Hackett wrote, at what time each of Young’s injuries occurred, but she described them as “significant.” According to medical records submitted as evidence, he suffered concussive recurring headaches and swelling of the left eye. His lawyer noted he also had several chipped teeth.

SIU director Tony Loparco, who had run the Scarborough Crown’s office until he was appointed to his new role in October, was also present in court Thursday.

Loparco, who took the stand at one point, told the court he first learned of the injuries when he read about the case in the Star.

The SIU has invoked its mandate to investigate any “serious injury” that occurs during interactions with police. Loparco said that investigation is still in the preliminary stages as his investigators seek copies of Young’s medical records.

Loparco noted the SIU now has a policy, brought into effect after Young’s injuries occurred, that any concussive injury, no matter how serious, now be investigated.

.

HIGHLIGHTS FROM THE RULING

Ontario court Judge Donna Hackett ruled Thursday that proceedings against Curtis Young should be stayed. Here are four significant statements from her written reasons for the decision:

“This court has found a wide range of police misconduct which all contributed to Mr. Young’s vulnerability that night and the subsequent violations of his right to security of his person and his right not to be subjected to cruel and unusual treatment.”

“Ironically, as his continuing migraines and the head and facial injuries depicted in Exhibit 21 illustrate, the accused most likely ended up far worse off in the hands of the police than he would have been had he not been arrested.”

“In my view, to impose the sentence Mr. Young would normally receive for the remaining three offences would result in an outcome that would create the wrong impression that the justice system and this court condones or excuses such misconduct. In my view, this would only serve to aggravate the assault on the integrity of our justice system occasioned by the officers in this case.”

“Nothing short of a stay of proceedings can address the depth and the breadth of the serious police misconduct in this case and its negative impact on both the delivery of justice and the integrity of our justice system and law enforcement.”

Read more about: