Kitchener-Waterloo Record Copyright (c) 2004 Kitchener-Waterloo Record.
Wednesday, December 8, 2004
FRANCES BARRICK
RECORD STAFF
WATERLOO REGION A Waterloo regional police officer has filed a complaint of discrimination and racism against the force with the Ontario Human Rights Commission.
The complaint was revealed yesterday at what was supposed to have been the first day of a disciplinary hearing for Const. Rajiv Sharma, a 15-year veteran of the force.
Sharma is charged under the Police Services Act with neglect of duty, discreditable conduct, insubordination, corrupt practices and secondary activity, which involves holding another job while working as a police officer. Officers must get written permission from the police chief before they can take other employment.
The offences are alleged to have happened this year.
Sharma, who is still on the job as a Kitchener patrol officer, has pleaded not guilty.
Yesterday, the hearing at police headquarters ground to a halt before it even started when Sharma's lawyer, Harry Black of Toronto, filed a motion asking that hearing officer Supt. Anne McConnell be removed.
The motion said McConnell headed the force's policing standards branch in 1997 when previous charges were laid against Sharma.
At that time, two of her officers investigated and charged Sharma with discreditable conduct and insubordination in connection with secondary activity. Sharma fears he wouldn't get a fair hearing because of McConnell's involvement in the 1997 charges.
Gary Melanson, the lawyer for the police force, supported the motion and McConnell removed herself as hearing officer. Sharma's case was adjourned to Jan. 10, and an officer from outside the force will be the next hearing officer, Melanson said.
In 1997, Sharma was convicted of discreditable conduct in connection with an incident in which he had a verbal argument, while on duty, with his former fiancée at a Kitchener business. He lost 20 hours' pay.
But Sharma was acquitted of the insubordination charge. The hearing officer, Insp, Steve Hibbard, found the chief's order about secondary activity, in that case, didn't correspond with the Police Act, Melanson said in an interview.
Black told the hearing yesterday that Sharma's complaint against the force under the Human Rights Code names Chief Larry Gravill and other senior officers. The complaint was filed last week.
Black declined in an interview to discuss the details because the force hadn't yet been served with a copy of the complaint. The force has 21 days to respond once it is served.
Rajat Opal, a friend and spokesman for Sharma, said in an interview the officer has experienced systemic racism since he joined the regional force.
Sharma did not have a job on the side and was only exploring other career options, Opal said.
Meanwhile, an officer investigating Sharma on the latest charges secured another job while he was still with the force, Opal said. The officer was never charged.
"So where is the justice?" Opal asked.
Sharma declined comment, except to say he wants the Human Rights complaint dealt with before the Police Act charges.
Melanson said he doesn't know whether the disciplinary hearing will be delayed.
According to the Ontario Human Rights Commission website, a human rights tribunal is held after mediation and conciliation fails. Commission spokeswoman Afroze Edwards declined comment, citing privacy laws.
Black said the Police Services Act has recently been amended to allow a police chief to appoint a judge to conduct a police hearing, something that was allowed 20 to 30 years ago. This amendment is in response to a "recognized institutional bias," he said.
Sharma was flanked by more than 40 supporters, many of them members of East Indian communities from Toronto to Kitchener.
Two members of the Association of Black Law Enforcers were also present, including Dave Mitchell, a deputy superintendent at a Toronto jail and past president of the association.
Systemic discrimination in policing occurs "in different degrees across the country," Mitchell said.
fbarrick@therecord.com
JUL 29, 2004
THE RECORD (WATERLOO REGION)
PAGE: B3 (LOCAL)
LIZ MONTEIRO, RECORD STAFF
More than 50 members of the local East Indian community stood behind Const. Rajiv Sharma when he made a brief appearance at a disciplinary hearing yesterday.
Sharma, a 15-year veteran of the Waterloo regional police, has been charged with several offences under the Police Services Act.
He is charged with neglect of duty, discreditable conduct, insubordination, engaging in secondary activity and corrupt practice.
When Sharma last appeared for a hearing at police headquarters on May 12, a large group of supporters also accompanied him. That hearing was adjourned to allow him to look for a new lawyer, rather than one paid for by the Waterloo Regional Police Association.
Yesterday's hearing was told that Sharma has found a new lawyer. His case was put over until Sept. 7, when a hearing date will be set. Sharma has pleaded not guilty and is still on duty in Kitchener.
Under the Police Services Act, a secondary activity involves holding another job while working as a police officer. Officers must get written permission from the police chief before they take on other employment. Sharma's supporters say police are being racist and heavy-handed and that Sharma did not have another job.
Rajat Opal, a spokesman for the group, said that friends and family, including members of the Brantford Sikh temple, will attend the next hearing and continue to support Sharma.
"It's a united stand against unfair treatment," he said. "It has become a persecution, not a prosecution."
Police have said they are not being racist and are acting on a complaint. Once a date was set for the next appearance, Sharma and his supporters left police headquarters on Maple Grove Road and mingled outside. Officers, including Deputy Police Chief Brian Cunningham, watched from a window near the boardroom.
It's not uncommon to have supporters at a disciplinary hearing, but Cunningham said he had never seen that many people attend.
Some carried placards reading Stop Targeting, Stop Racism and Tainted Case.
lmonteiro@therecord.com
MAY 13, 2004
THE RECORD (WATERLOO REGION)
PAGE: B1 (LOCAL)
LIZ MONTEIRO, RECORD STAFF
Supporters of a Waterloo regional police officer say the charges he faces under the Police Services Act are unfounded and the force is being racist. More than 50 relatives and friends were at police headquarters in Cambridge yesterday when Const. Rajiv Sharma appeared briefly before a disciplinary hearing.
The 15-year veteran is charged with neglect of duty, discreditable conduct, insubordination, engaging in secondary activity and corrupt practice. Under the Police Services Act, a secondary activity involves holding another job while working as a police officer. Officers need written permission from the chief before they take an additional job. Sharma pleaded not guilty to all five charges.
The hearing was adjourned until July 28 to give him time to find a new lawyer. The Waterloo Regional Police Association pays for a lawyer, but Sharma has requested another one.
Sharma refused to speak to the reporters, directing comments to friend Rajat Opal.
Opal said Sharma has experienced systemic racism on the force for years. Opal refused to identify the incidents.
He also said Sharma did not have a job on the side. "He was exploring career options in private investigations," Opal said.
Outside headquarters, some supporters of Sharma carried placards reading Stop Racism and Stop Targeting. The supporters included family, friends, and members of the East Indian and black community. Manju Vaishnav of Waterloo said she stands 100 per cent behind him. "I've known this boy from the day he was born. He's like a son to me," she said. "I believe in him."
Staff Sgt. Bryan Larkin said Sharma is "absolutely not" being targeted. "We have an obligation to the community and our members to investigate complaints when we receive them," he said.
Sharma will need to go before members of the Waterloo Regional Police Association July 13 to get their permission to pay for another lawyer. Association president Roger Goulard said that if the membership does not vote in his favour, Sharma will have to pay for his own lawyer.
lmonteiro@therecord.com