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Mississauga News - June 8, 2007 - By Louie Rosella
Investigators under investigation
Ontario Ombudsman André Marin announced today
that he has launched a "systemic investigation" into the SIU.
June 7, 2007 - The Province's Special Investigations Unit (SIU), headquartered in Mississauga, is being investigated by the Ontario government in the wake of allegations it's biased and favours police.
Ontario Ombudsman André Marin announced today that he has launched a "systemic investigation" into the SIU, a civilian agency responsible for probing police actions involving the serious injury or death of members of the public.
“There has been a troubling increase in complaints about the SIU in the last few years,” said Marin, who was an SIU director during the 1990s. “The allegation is the SIU is not doing its job properly.”
Marin said his investigation is based on complaints from eight families and several lawyers who have suggested the SIU’s probes of police conduct “lacked objectivity and were less than thorough.”
Marin wouldn't discuss specific cases.
However, The News has learned that one of the families is the Maltars, who lost a family member while he was in the custody of Ontario Provincial Police (OPP) in Port Credit.
There have also been complaints the provincial agency doesn't provide enough information to victims and their families at the conclusion of investigations, fails to preserve evidence and doesn't complete forensic tests.
In response to the investigation, the director of the SIU, James Cornish, said, "Ontarians have every reason to expect that the SIU operates with complete integrity and meets excellent investigative standards."
Cornish added that the SIU is "committed to carrying out thorough and unbiased investigations to ensure police accountability, thus safeguarding public confidence in our police. I have confidence in the professionalism of the men and women of this Unit and that the Ombudsman will conduct an impartial and professional investigation. We intend to cooperate and look forward to receiving his report."
Rob Maltar, whose brother, James Maltar, died Sept. 18, 2005 while in the custody of Port Credit OPP, said the investigation is long overdue.
"The family and I are thrilled and we hope that justice will finally be served," he said yesterday. "We refuse to be pushed to the back burner on this one."
Maltar doesn't believe his brother took his own life during a confrontation with police, despite that ruling from the SIU.
James Maltar, 45, died from a self-inflicted gunshot wound to his head while struggling with two OPP officers inside the Port Credit detachment, the SIU concluded following its nearly year-long probe.
"Jim had a fear of guns," Maltar said in an earlier interview. "Something is wrong. Something stinks."
James Maltar was stopped on Hwy. 403 in Mississauga for driving a car without licence plates. OPP said that when he failed to identify himself to the officer, he was handcuffed and taken to the Port Credit OPP detachment on South Service Rd.
A struggle broke out at the detachment when an officer tried to re-handcuff him, the SIU said.
The SIU said that based on available evidence, "Maltar took his own life during a time of mental disturbance."
James Maltar suffered from a bipolar disorder.
His brother doesn't agree with the agency's conclusion and wanted Queen's Park to investigate the SIU's handling of his brother's death.
Maltar said his brother's disorder had nothing to do with his death. He insisted the disorder didn't result in temper outbursts, but caused him to sink slowly into depression.
The SIU concluded that James Maltar killed himself using a gun he grabbed from one of the police officers.
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