$1.4 million lawsuit against OPP claims harassment, threats of sodomy
A former tow truck driver says two police officers mounted a “campaign” of harassment that involved taunting him with dildos to get him off the road, according to a claim filed in a $1.4 million lawsuit.
By Jennifer Pagliaro Crime Reporter – Monday, February 3, 2014
Jagdis Tirbany, 47, sat agitated in downtown provincial offences court Friday morning, fighting a $110 ticket he says is just one of several abuses by OPP officers.
“It’s really just part of a campaign of harassment,” said his lawyer Davin Charney outside the courtroom shortly after Justice of the Peace Mindy Avrich-Skapinker dismissed the charge against Tirbany.
Tirbany is now suing the OPP and two of its officers — Const. Ludgero Café and Const. David Brown.
The statement of claim, filed Jan. 23, alleges the two officers “maliciously sought to undermine” Tirbany’s independent towing business which he had operated since 1998.
None of the allegations in the claim have been tested in court. A statement of defence has not yet been filed.
OPP spokesperson Sgt. Kristine Rae said they could not comment on an “ongoing process.”
The alleged abuse began in September 2010, when Tirbany encountered Brown at a scene on Hwy. 401 and upset him when he questioned why he had thrown another man’s keys into the grass.
From there, the claim alleges Brown held a “grudge” against Tirbany, who said he had a towing contract with the OPP, and would block him from responding to calls for service.
Tirbany claims he was told by both Brown and Café he would be arrested if he continued working as a tow truck driver.
In January 2012, Tirbany claims he was in an altercation and was assaulted by another tow truck driver at the scene of an accident on Hwy. 401. When Brown and Café arrived at that scene, Tirbany claims the officers wrongly alleged he had threatened the other driver.
Tirbany was charged with public mischief and uttering threats (The charges were later withdrawn).
The tow truck driver was free to go from the scene, but had to appear at the OPP’s Keele St. detachment for fingerprinting.
When he arrived at the station, officers didn’t know he was wearing a pen-style camera in his coat pocket. It captured what happened next on a video that was later posted on YouTube.
Café is seen displaying what appears to be two pink sex toys and, the claim says, threatens to “sodomize” Tirbany or instructs someone else to.
“Which one do you want to use? This one or the other one?” the officer is heard saying. “If you end up going to jail . . . That’s exactly what Bubba’s gonna do to you. I will personally send a nice [inaudible] to take care of you in there.”
In September 2012, the Special Investigations Unit charged Café with uttering threats. The Crown withdrew that charge in February 2013.
“While the SIU may have had reasonable and probable grounds to lay the charge at the time, the Crown determined there was no reasonable prospect of conviction,” said Ministry spokesperson Brendan Crawley.
Finally in May 2012, Tirbany says he was driving on Hwy. 401 when he heard an OPP radio call for a suspended driver nearby.
An OPP cruiser suddenly appeared behind him, the claims says, and turned on its lights to pull Tirbany over.
Café approached the car and made “abusive comments,” the claim alleges.
On Friday, Tirbany’s son Mark, who was in the passenger seat at the time, testified the officer approached the truck and said: “Well, well, well look who it is.”
Café charged Tirbany for disobeying a sign not to park in an emergency parking zone — something his son contradicted on the stand and which the claim denies.
When testifying, Café said he came across a parked car that he did not know was Tirbany’s. The officer said he only recognized him after walking up to the truck.
When asked by Tirbany’s lawyer Charney whether he harboured malice or ill intent towards the driver, he responded: “Absolutely not.”
The justice of the peace decided neither testimony was unreliable, but because they contradicted one another she was forced to give the benefit of the doubt to Tirbany, the defendant.
It’s not clear what if any discipline the officers have faced since the allegations came to light.
Charney said Café was subject to informal discipline after being charged by the SIU, but the details of that punishment are kept secret.
Rae said the OPP could not disclose matters in a personnel file.
Meanwhile, Tirbany told the Star he has been forced to abandon his career as a tow truck driver because of the abuse.
“The damages are done,” Tirbany said. “He shouldn’t even be a police officer.”