The provincial privacy commissioner’s office has upheld an earlier decision, saying that the video a disabled man claims would show a Toronto police officer “shaking” urine on him in a holding cell no longer exists.

Udhbirprasaud “Joseph” Bhikram alleged last year, in a small claims lawsuit against the Information and Privacy Commission of Ontario, that an officer used the toilet in his cell to urinate before he “shook the remaining urine” on Bhikram’s neck and face.

Those claims, stemming back to his Jan. 28, 2009 arrest, have not been proven in court. Toronto Police spokesperson Mark Pugash said Bhikram has never lodged a complaint with police.

His lawyer, Jeff Carolin, said the disabled man filed a complaint in February 2009.

A DVD obtained during disclosure in 2009 showed incomplete footage from the holding cell. When Bhikram requested the missing portion — some three hours — five months after his arrest, he was told it had been deleted.

He appealed to the privacy commissioner to compel Toronto Police to disclose the full video, but in July 2012, analyst Joseph Sommer concluded there was no basis for belief that the video still existed. He cited a standard four-month retention period for holding jail cell video.

After he was compelled to reconsider, Sommer upheld his original conclusion in a decision released last week.

“I arrive at the same conclusion that there is no reasonable basis to find that the police currently have holding cell video of Mr. Bhikram from January 28, 2009,” says the decision dated Jan. 7.

Toronto Police spokesperson Mark Pugash maintained there are justifiable reasons for recording over the video.

“The IPC has confirmed that we followed the correct procedures,” Pugash said. “We have abided by the rules and the regulations, and the first request that came in was a month outside the retention period.”