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A veteran Toronto police detective has been sentenced to 90 days in jail and a year probation for beating up a man in police custody and breaking his arm.

Detective Christopher Higgins was charged with assault causing bodily harm after the incident, which took place in an interrogation room at 51 Division on April 1, 2004. Gary Shuparski had been arrested on a drug charge and responded sarcastically to an inquiry from the detective, prompting the attack.

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Det. Higgins was acquitted in 2005, but that decision was overturned on appeal and a re-trial was ordered.

Crown attorney John McInnes said of the sentence: “It was in the range of sentence sought by the Crown so it follows I agree with it.”

Mr. Shuparski died of unrelated causes before the second trial took place.