Susan Clairmont: Was a Hamilton city councillor investigated in connection with the Mob?

A disgruntled undercover cop's disciplinary hearing is expected to reveal if city councillor Sam Merulla was investigated in connection with the mafia.

For years, suspended Hamilton police officer Paul Manning has targeted Merulla on Twitter, suggesting the longtime politician is involved with organized crime. Manning has repeatedly tweeted photos he claims are top secret police evidence from Project Scopa, which focused on organized crime in the area.

One photo in particular appears to show a headshot of Merulla alongside those of notorious crime boss Pat Musitano and his brother Ang.

It is against the police code of conduct for an officer to make public confidential intelligence information. Manning is charged under the Police Services Act with three counts of doing so in relation to the photos.

If he is found guilty of those misconduct charges, it could be an indication that the photos are authentic and that Merulla was indeed investigated.

Merulla has never been charged with anything related to Project Scopa.

On the other hand, if Manning is found not guilty, it would suggest Manning fabricated the photos, according to the submissions Merulla's lawyer made at the hearing.

I'm not in organized crime," Merulla said during his turbulent 10 minutes on the witness stand.

Choking back tears and visibly agitated, Merulla said he has been relentlessly stalked" online by Manning.

This has been a bloody charade that has consumed my life for 16 years," he said. It's got to stop. He's insinuating that I'm in organized crime and a mobster."

Merulla says everywhere he goes, people accuse him of criminal ties because of Manning's campaign.

Manning wasn't in the room to see Merulla's distress.

Manning chose not to participate at all in his hearing, despite many attempts by the prosecutor and hearing officer to have him take part.

Manning is charged with eight counts of discreditable conduct, all stemming from tweets in 2019. Three are directly related to the alleged Project Scopa photos.

Hearing officer Greg Walton, a former OPP superintendent, went ahead with the hearing in the absence of Manning.

Just as the hearing started Monday morning, Manning sent a statement" to The Hamilton Spectator, Walton and then posted it on Twitter.

He said he would not participate in the process because it was corrupt and because his doctors have advised him against it.

Manning was a police officer in London, England, before coming to Canada and being hired by the Hamilton Police Service in 2005.

In media interviews, court documents and his prolific social media accounts - which include a Wikipedia page - he has said he was placed almost immediately into undercover work. He - and the Hamilton Police Service - agree he was assigned to Project Scopa, a multi-agency task force investigating organized crime.

Manning says his life was jeopardized when one of his own Hamilton colleagues revealed his identity to the Mob, who beat him badly, while Hamilton officers watched and did nothing.

Manning says he now has mental-health issues as a result.

He went on a leave of absence from Hamilton police in 2013. In 2015, he was suspended from duty.

Apart from the alleged Project Scopa photos, Manning is also charged with posting photos of properties owed by Merulla, calling the councillor profane names, tweeting out the home address of the Hamilton police officer assigned to investigate his alleged misconduct and telling his police bosses to go f--- themselves.

An alleged Project Scopa photo was first tweeted on April 15, 2019. The post contains a picture of (Merulla) along with two other parties who were known for their involvement in crime," says the hearing document regarding Manning's charges. The other parties were Ang and Pat Musitano.

On April 25, 2019, Manning tweeted again, according to the hearing document. The post contained a picture of (Merulla) again alongside the individuals known for their involvement in crime. The caption read So, who's left on that list?'"

That post was the day Pat Musitano was shot and wounded outside his lawyer's office. Ang had been previously shot and killed outside his home.

On June 25, 2019, according to the hearing documents, Manning again posted the same photo along with another that linked (Merulla) with other known individuals. There is a caption that encourages a journalist to ask (Merulla) about Halton and Hamilton Police reports that allege his involvement with organized crime."

The photos, which Manning would identify as being from Project Scopa, were widely shared on social media by his followers.

On Twitter, the photos are marked with the words third-party privileged information."

Sgt. Shane Coveyduck, who oversees all Hamilton police undercover operations was called to testify about what those words mean.

The third-party rule" is the highest classification of police intelligence information, he told the hearing.

It is highly sensitive. Intended to be disseminated to the recipient only," Coveyduck said.

If a request is made for it to be shared with anyone else, specially authorized intelligence officers must reach out to the author of the information first to ask it can be distributed.

Sharing third-party privileged information without proper permission could jeopardize an investigation and possibly put lives at risk, Coveyduck said.

Police officers swear an oath to protect that information. Failing to do that could lead to Police Services Act charges.

So are the photos tweeted by Manning authentic top secret pictures from the Project Scopa investigation?

That question was answered behind closed doors. The public was ordered to leave the hearing room for Coveyduck's reply.

Why?

Because Coveyduck is also bound by the oath to protect that information. He cannot publicly say if the photos are real.

If they are, why was Merulla being probed by an undercover investigation into the Mob?

Will we ever know the answer?

Perhaps. The decision should shed some light on the question.

All the evidence has been heard for the tribunal. The prosecutor will make his closing arguments Tuesday, but it will likely be some time before the fate of Manning - and Merulla - will be known.

Merulla was on the witness stand for just 10 minutes. A man who has spent decades in the public eye, he was clearly shaken.

Being a politician today is not a good thing," he said at the hearing, pausing for a breath. Neither is a cop, by the way."

Susan Clairmont is a Hamilton-based crime, court and social justice columnist at The Spectator. Reach her via email: sclairmont@thespec.com