A Hamilton police constable who arrested two photojournalists at a fatal crash scene now faces five Police Services Act charges related to overstepping his authority.

Const. Jeff Todoruck seized the camera of freelancer David Ritchie, cuffed him and put him in the back of a cruiser. He then allegedly forced Global News videographer Jeremy Cohn to the ground, zip tied his hands behind his back and locked him in a cruiser.

Charges of obstructing police and resisting arrest laid against Ritchie, whose photos sometimes appear in The Hamilton Spectator, were later dropped. Cohn was never charged.

The arrests became a rally cry across Canada as media outlets denounced the heavy-handed approach taken against journalists who were doing their jobs. Canadian Journalists for Free Expression — among other organizations — called for an investigation.

Video and photos of the arrests — shot by other photojournalists covering the crash — were widely circulated on media websites and social media.

Now it is Todoruck who must account for his actions at the May 16, 2017 crash in Waterdown in which a 10-year-old girl was struck and killed.

Todoruck faces one count of unlawful or unnecessary exercise of authority because he is alleged to have made “an unlawful or unnecessary arrest.”

He also faces two counts of neglect of duty and two counts of discreditable conduct.

All the charges relate to Cohn and come as the result of a public complaint made by Global News to the Office of the Independent Police Review Director. The OIPRD investigated and directed the PSA charges to be laid and a hearing to be held.

Hamilton Chief Eric Girt said at the time of the arrests that he would review the events.

“As Chief of Police, I take the arrest of any member of the media seriously,” he said. “As a result, I am reviewing this incident in the context of what transpired.”

Girt has not spoken publicly about the incident since.

Todoruck, who attended his brief first appearance Wednesday at Hamilton Police Service headquarters, is not suspended from duty. He wore a shirt and tie, rather than his uniform, and was accompanied by his lawyer, K.C. Wysynski and a representative of the Hamilton Police Association.

On that spring day nearly two years ago, traffic all around Hamilton was backed-up and rerouted after a young woman named Nicole Patenaude jumped from an overpass.

Fifteen kilometres away in Waterdown, traffic was heavy in front of Jasmin Hanif’s Evans Road house because of diverted vehicles. She tried to cross and was killed.

Ritchie and Cohn arrived to shoot video and photographs of the crash. There were few officers there yet and no police tape up to cordon off the scene, according to other journalists present.

The scene was, no doubt, emotional and chaotic. Family, neighbours and witnesses outnumbered police.

Ritchie left his camera for a moment while he grabbed another piece of equipment. When he returned, Todoruck had taken the camera and refused to return it. He told Ritchie to leave. Ritchie refused and was arrested.

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Cohn has said Jasmin had already been taken away in an ambulance by the time he arrived at the scene. When he saw Ritchie being arrested, Cohn approached the cruiser to try to speak with him and offer help. As he was doing that, he was speaking with the Hamilton Police media officer on the phone, trying to get assistance. The media officer advised Cohn to continue shooting the scene as he normally would.

At that point Todoruck told Cohn to leave the scene. The videographer tried to speak to Ritchie again and was then grounded, restrained and detained.

About 45 minutes later, he was released unconditionally.

Cohn has filed a $900,000 lawsuit against the Hamilton Police Services Board and Todoruck, claiming he required therapy and rehabilitation for pain and psychological distress caused by the incident.

The statement of claim accused the police board of “encouraging or permitting a culture of disrespect toward members of the media within the Hamilton Police Service.”

None of the allegations in the statement have been tested in court.

Global news director Mackay Taggart, the public complainant who triggered the OIPRD investigation, says Cohn’s “encounter” with Todoruck “was not in accordance with the way we expect our journalists to be treated when they’re going about doing their job and covering news that’s of importance to the community.”

“We believe that we have the right to report the facts and the circumstances surrounding an incident without interference from any third party, while respecting the law — which we believe our journalist was doing that day.”

Taggart says Global “seeks some accountability” from the police for Todoruck’s behaviour.

Wysynski and prosecutor Lynda Bordeleau are vetting documents from the OIPRD before going further in the hearing process in front of adjudicator Greg Walton, a retired OPP superintendent.

Wysynski says Todoruck will be “vigorously defending” himself against all allegations.

“The day in question was a very challenging and traumatic day for many people,” she says. “And Const. Todoruck did the very best he was able to do in the circumstances with the resources that were available to him.”