The city’s top cop denies there was any sort of “cover-up” in the beating of a 19-year-old Whitby man, allegedly at the hands of an off-duty Toronto Police officer and his brother.

Although Dafonte Miller was so badly injured in the incident that he lost the use of one eye, both Toronto Police and Durham Police chose not to notify Ontario’s Special Investigations Unit after it occurred Dec. 28, 2016.

“It was not a cover-up,” Chief Mark Saunders told reporters Wednesday. “My officers acted in good faith.”

It was Miller’s lawyer, Julian Falconer, who ultimately notified the province’s police watchdog in April.

The SIU, which investigates any serious injury or death involving cops, subsequently launched an investigation that resulted in aggravated assault, assault with a weapon and public mischief charges against Const. Michael Theriault.

The officer’s brother, Christian Theriault, faces similar charges.

Falconer has said his client was on his way to a friend’s house when he walked by two men standing inside a garage near Thickson Rd. and William Stephenson Dr.

The human rights lawyer alleges one of the men identified himself as an officer and when Miller refused to answer his questions, he was chased down and beaten to “within an inch of his life” with a steel pipe.

The allegations have not been proven in court.

Miller’s nose, jaw and wrist were broken. He also needs to have an injured eye surgically removed.

By law, the SIU must be notified in cases of serious injury when off-duty cops identify themselves as an officer during an incident, or if they display or use police-issued equipment.

Saunders maintained Const. Theriault did not identify himself as an officer during the altercation.

“I can tell you that the officers that were investigating from an SIU perspective were dealing with the information that they knew at the time and at the end of the day, their decision was that he did not identify himself as a police officer to the person that he was in contact with,” the chief said.

However, Falconer claims a recording of the 9-1-1 call made by his client during the incident captured the officer in the background saying, “You’re under arrest.”

Toronto Mayor John Tory expressed his “concern” when questioned about the incident, which he called “a serious matter.”

But he said it will be up to the courts to determine what transpired.

“I can’t comment on what happened, I wasn’t there and we haven’t seen all the evidence yet,” Tory said. “That’s why I say there are unanswered questions, there are things that are still unclear.”

cdoucette@postmedia.com