Judge slams veteran prosecutor for angrily telling Toronto cop ‘we protect our own.’ Dangerous driving case tossed
By Jacques GallantCourts and Justice Reporter
When a Toronto police officer asked a veteran Crown attorney if he was supposed to lie on the stand, she responded with, “We protect our own.”
Or words that conveyed that exact message.
That was the damning finding made by a judge Monday against Crown attorney Marnie Goldenberg, who berated Const. Edin Hasanbasic in January in a hallway of the Toronto provincial courthouse at 10 Armoury St., in an encounter caught on video but without sound. Hasanbasic had just finished testifying for the defence in the case of a man accused of deliberately hitting a fellow officer with a motorcycle; Hasanbasic’s evidence risked hurting the Crown’s case.
Ontario Court Justice Mara Greene concluded that Goldenberg’s conduct has negatively impacted the integrity of the justice system, and said she had no choice but to stay charges of dangerous driving causing bodily harm, fail to remain at the scene of an accident, and obstruction of justice against Khalid Patrick Idris.
While Goldenberg denied saying the words “we protect our own,” or that she was angry and swearing at Hasanbasic, the judge rejected her version of events, finding it wasn’t credible. Greene said the long-time prosecutor was “less than candid” in her testimony, “did not provide the court with a fair and fulsome account of what took place,” and had “displayed a complete lack of objectivity about this case.” Play Video
By telling Hasanbasic, “we protect our own,” or words to that effect, Goldenberg had communicated a specific message to all police officers, the judge found: “Stay on our side, or there will be consequences.”
“It is reasonable to infer that this has a real potential of having a chilling effect on officers testifying contrary to the prosecution’s theory,” Greene said.
“The only way to preserve the integrity of the justice system is for this court to distance itself from the conduct and enter a stay of proceedings.”
