JUDGE ACQUITS MAN AFTER ARREST FOR 'DRIVING WHILE BLACK'

Police Racial Profiling

TORONTO - Two Toronto police officers engaged in racial profiling when
they stopped a 25-year-old black man in his car a year ago on the
false pretext that he ran a red light, an Ontario Superior Court judge
has ruled.

Justice Frances Kiteley excluded evidence of marijuana and cocaine
seized from the car of Irshad Ahmed on Nov. 25, 2008, and acquitted
him as a result of numerous violations of the Charter of Rights and
Freedoms by the officers.

It is believed to be only the second time a judge in Ontario has
stated that a suspect was stopped by police effectively for "driving
while black" and not for any legitimate purpose.

"The police had no lawful basis to pull Mr. Ahmed over," said Judge
Kiteley in her decision issued yesterday. "I am compelled to draw the
inference that Mr. Ahmed was investigated and arbitrarily detained
because of his race."

The evidence of Mr. Ahmed, who has a lengthy drug-related criminal
record, was found to be more credible than Toronto police officers
Justyn Humeniuk and Ryan Willmer, who "lied" about the red light
infraction, said Judge Kiteley.

Gary Grill, who represented Mr. Ahmed, noted that it was nearly 15
years ago that a provincial commission stated that racial profiling
existed in Ontario. "Nothing has been done to address the findings of
that commission. Police are still pulling people over based on the
colour of their skin," said Mr. Grill.

The judge heard that Mr. Ahmed was driving his car in a section of
northwest Toronto, along with the girlfriend of his cousin, when he
stopped at a red light. The officers pulled up in the next lane. About
a minute later, after accessing a police database, the officers pulled
over Mr. Ahmed. They did not tell him the reason for the stop and
refused to let him call his lawyer. The officers found marijuana and a
package later alleged to be more than half a kilogram of cocaine in
the car.

"It looks like you're making a delivery. If that is all it is we can
help you. Or are you just a big-time dealer," the court heard the
officers said to Mr. Ahmed, who did not respond.

The officers testified they saw five or six "hits" on the police
database in their car, including one that described Mr. Ahmed as
violent. Evidence at the trial disclosed that mobile terminals then in
Toronto police vehicles were not equipped to show more than three hits
after a query. It was also revealed the officers discussed their
testimony, in breach of an order by the judge.

"I asked the Crown why I should believe and rely on the evidence of
either officer. Crown counsel could not give me a reason," noted Judge
Kiteley.

While his client has prior convictions, that does not justify the
actions of police, said Mr. Grill. "You cannot pull someone over
simply because they have a criminal record," he said.

Mr. Ahmed, who has been in custody since his arrest a year ago, was
ordered released by Judge Kiteley. The November, 2008, incident is not
the first time a judge has criticized police for its conduct in
arresting Mr. Ahmed. Justice William Bassel ruled last year that
Toronto police used excessive force when Mr. Ahmed was Tasered during
a February 2006 arrest in the city's entertainment district. The
officers were found to be untruthful in denying threats made against
Mr. Ahmed that were caught on audiotape.