Suit alleges attack racially motivated
Drug officers say man took photos
Sep. 29, 2006. 05:32 AM
HAROLD LEVY
STAFF REPORTER
A Toronto storekeeper claims in a $1.5 million lawsuit that he was violently assaulted and robbed of more than $4,000 by several Toronto police undercover drug squad officers after being falsely accused of taking photographs of them with his cellphone.
Ron Charles, who owns the RST West Indian Grocery on Rogers Rd., also accuses Sgt. Raymond Matthews and Constables Jeffrey Moyer and Mark Poranganel and other unnamed officers in a statement of claim filed Tuesday of singling him out because he is black.
Statements of claim contain allegations that have not been proven in court and the three officers have not yet had the opportunity to file statements of defence.
Police spokesman Mark Pugash said Tuesday the officers had not yet been served with the legal document.
He added that, "There are nothing more than allegations for which no evidence is provided. Due process must take its course."
Charles alleges that, after leaving his store about 6.30 p.m. on June 27 to purchase a lottery ticket — and pausing briefly to check his cellphone — he was "suddenly, without warning or identification," approached by the officers and "violently thrown to the ground" where he was "pinned."
"Despite offering no resistance and notwithstanding there were no photographs of the officers ... the plaintiff was punched repeatedly in the head and neck region by at least one officer," Charles says in his statement of claim.
"Moreover, a kick administered to the plaintiff's head left him momentarily unconscious.
"The defendant police officers continued to be extremely violent as they continued their battery on the plaintiff while (he was) on the ground and unconscious."
Charles also alleges that, after being thrown to the ground, his cellphone was confiscated, with one officer questioning as to "where the pictures were."
`The defendant police officers continued to be extremely violent'
From Ron Charles' lawsuit
He says he had no idea which pictures the officers were referring to and that no photos of the incident were found.
Even so, Charles alleges that Poranganel wrote a report alleging that "the accused was observed taking photographs of the Toronto police drug squad members with his cellular telephone camera."
Charles further alleges that, after being handcuffed but released at the scene without being charged, the officers "illegally" took sales revenue from his store of $4,200, which he had been taking home.
"Directly following the incident ... the plaintiff found this sum of $4,200 to be missing from his possession," he says in the 11-page document.
"The plaintiff pleads that the undercover officers Moyer, Matthews and Poranganel illegally removed the money from this person and converted it to their own use."
Charles has included assault and battery, "racial profiling," and violation of his Charter rights in the list of alleged violations.
His statement says "a number of individuals" witnessed the alleged assault.
"The defendants Moyers, Poranganel, Matthews and others, had no other reasonable and probable grounds to arrest him, batter him and search and seize his cellular telephone but for the fact that he was a Black (sic) man on a cellular telephone and fit their racial stereotype ...," the document says.
Charles' suit claims total damages of $1.55 million, including $4,200 for the money he alleges was taken by the three named officers."
Toronto lawyer Selwyn Pieters, who represents Charles, declined comment other than to say, "The conduct that Mr. Charles alleges is quite disturbing ...we will leave it to the courts to sort out."
Files from Betsy Powell
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