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CONTROLLED DRUGS AND SUBSTANCES - Selling, trafficking and distributing

Friday, June 11, 2021 @ 5:44 AM  


Lexis Advance® Quicklaw®
Trial of Senior, charged with 14 separate offences, including theft under $5,000, two counts of uttering a forged document, two counts of unauthorized use of a computer, three counts of breach of trust, possessing a firearm obtained by theft, possessing a weapon for a dangerous purpose, attempted robbery and trafficking drugs. Senior was a constable with the York Regional Police (YRP). At the time of the alleged offences, he had been a police officer for approximately 15 years. On October 9, 2018, Senior was arrested in relation to allegations stemming from a YRP investigation. As part of the investigation, two officers were working in an undercover capacity. UC1 was deployed in an undercover capacity to act as Senior’s partner. UC2, an RCMP officer using the pseudonym “Henry,” was deployed in an undercover capacity to pose as a mid-level Asian organized crime figure and confidential human source. Senior was alleged to have kept money that he was given to pay confidential human sources. The total amount of the theft was alleged to be $2,300. He was also alleged to have uttered a forged document by submitting payment receipts signed by Henry in circumstances where Senior kept the money. Senior allegedly authored and submitted an intelligence report about his ex-intimate partner and her family in which he falsely attributed his personal knowledge to another individual. He was also alleged to have conducted licence plate queries for improper purposes for his friend Papoutsos and for Henry. Senior was further alleged to have planned and progressed past mere preparation to rob a drug warehouse that Henry had advised him about, and in which he anticipated there would be several kilograms of cocaine and cash. In preparation for that robbery, Senior was alleged to have stolen and placed a loaded YRP shotgun in the back of a rental van. Senior was also alleged to have offered to traffic the cocaine he expected to find in the warehouse to Papoutsos, Vigliotti and Henry. He also allegedly trafficked testosterone and steroids to his colleague and friend, Constable Timerbulatov, and to UC1. Senior allegedly improperly accessed and disclosed confidential information from police databases to third parties. Finally, Senior allegedly advised Vigliotti that he was under police investigation. He was alleged to have obtained that information from a fake intelligence report that was brought to his attention as part of the undercover operation.

HELD: Senior found guilty of theft under $5,000, uttering a forged document, unauthorized use of a computer, breach of trust, possessing a firearm obtained by crime, possessing a weapon for a dangerous purpose and drug trafficking. He was found not guilty of attempted robbery. With respect to the alleged theft, the evidence was far from clear that Senior knew he had no lawful claim to the money given to Henry, as Henry had abandoned it. However, with respect to $300, Senior kept the money for himself, knowing that he had no lawful claim to it. He was therefore found guilty of theft under $5,000, but only as it related to the $300 payment. Intercepted conversations established beyond a reasonable doubt that Senior asked one individual to forge another individual’s signature. Senior then represented the document as genuine. Furthermore, Senior fabricated the source of information included in an intelligence report. He was therefore guilty of uttering a forged document. While Senior was found not guilty of breach of trust with respect to disclosing information to Papoutsos and Vigliotti, he was found guilty of breach of trust and unauthorized use of a computer in relation to accessing information and disclosing it to Henry and other third parties. Senior possessed a shotgun obtained by crime and possessed it for the specific purpose of robbing a drug warehouse. That was a purpose dangerous to the public peace. While Senior’s detail-oriented efforts and utterances demonstrated his intention to carry out the robbery, his actions did not go beyond mere preparation. He was therefore not guilty of attempted robbery. Senior was guilty of offering to traffic cocaine to Papoutsos and Henry, but not in relation to Vigliotti. He was also found guilty of trafficking as it related to UC1.

R. v. Senior, [2021] O.J. No. 2213, Ontario Superior Court of Justice, V.V. Christie J., April 21, 2021. Digest No. TLD-June72021014