TORONTO

One of their own is being sentenced for a brutal roadside beating, but Toronto Police have bluntly refused a Crown request to hand over any disciplinary records they may have on Const. Bryan Thomas.

How are they allowed to refuse an officer of the court? How are they above the law?

At Thomas’s sentence hearing Thursday, Crown attorney Peter Scrutton complained that he doesn’t know if the convicted officer has been disciplined since joining the force in 2000.

He told Ontario Court Justice William Horkins that he requested Thomas’s employment records and was told Toronto Police would not give him that information.

So the court was left hearing what a great cop he is and how he should be given an absolute discharge, while the judge is not privy to whether Thomas has ever lost his temper before.

That just doesn’t seem right.

Thomas, 44, was convicted last month of assault causing bodily harm for punching and breaking the jaw of driver Sarkoon Oraha.

Off duty at the time with his two daughters in the car, Thomas had pulled over the aggressive driver on Oct. 2, 2010 after he said Oraha repeatedly tailgated him and nearly hit his vehicle several times on a traffic-clogged Hwy. 400.

While the judge found Thomas was justified in trying to arrest Oraha for his dangerous driving, he said his “use of force was excessive and frankly, criminal.”

Six civilian witnesses called 911 and reported the driver was being repeatedly punched in the head by a furious man who claimed to be a cop. Oraha had to have his jaw wired shut for a month and was on a liquid diet for six weeks. In his victim impact statement, the Iraqi immigrant said he’s in constant pain and had wrongly assumed that he could expect better treatment from the police in Canada.

So the prosecutor said an absolute discharge in this case is simply not acceptable, especially when Thomas has shown no remorse nor accepted responsibility.

For his “extreme violence and significant breach of trust,” Scrutton called for a 90-day jail sentence. “I urge you not to issue a discharge in this case,” he argued. “It would not effectively deter other officers from acting as Mr. Thomas did.”

But defence lawyer Jimmy Lee told the judge that Thomas has already been sufficiently punished: he’s been confined to administrative duties while his case is before the courts and once it’s completed, he still faces a Toronto Police disciplinary hearing on a charge of discreditable conduct. Conviction there could mean demotion, loss of pay or even the loss of his job.

If Horkins sentences him to any time in custody, he would face automatic suspension without pay and possible dismissal.

Lee presented four witnesses to speak to Thomas’ helpful and non-violent character in dealing with the public, including the staff sergeant at 31 Division where he’s been assigned to inside duties and three current and former staff at Weston Collegiate where he was a popular and highly-respected school resource officer for two years.

All spoke highly of him. Ironically, drama teacher Angela McMillan told the court that Thomas was instrumental in designing a program to teach students how to de-escalate angry confrontations.

If only he’d taken some of his own advice.

The guy clearly lost it - Thomas had his kids in the car and this dangerous driver was weaving in and out of traffic and nearly getting them hurt. As a former paramedic who has seen his share of carnage on the highway, Thomas was understandably incensed by Oraha’s reckless behaviour.

Was this the first time he’s snapped? Have there been any previous allegations of misconduct? Or was this a one-off by an otherwise good cop who momentarily lost control?

Surely that’s important information to have in determining a fit sentence. But thanks to the Toronto Police, we’re not allowed to know.

Horkins will deliver his sentence next month.

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