Hamilton detective who admitted to lying in court now facing criminal investigation
A Hamilton police officer who admitted to lying in court is facing a criminal investigation by an outside police agency.
Provincial and federal prosecutors also continue to review more than 30 cases involving Det. Const. Hajanthan Ratnam, including several that have seen charges stayed in court recently.
The Spectator reported exclusively about the case last month, in which the drug unit detective admitted in testimony to lying about information from an informant regarding drugs being at an address police searched.
According to the transcript and audio recording from that Feb. 8 hearing, he repeatedly admitted to lying when questioned by defence lawyer Leora Shemesh.
So you're saying you lied under oath, is that right?" she asked.
Correct," Ratnam replied.
He told the court he was basing his answers off a search warrant document in front of him, not knowing it was an outdated version and that the information in question was no longer redacted.
I'm just looking at the document in front of me. I just forgot about it," the officer said in court, explaining why he lied.
Officers are not permitted to lie in court, even to protect confidential information. Typically when asked a question that could risk identifying an informant or confidential information, an officer will ask for guidance and explain any concerns. Police are not immune to perjury charges.
In response to the admitted lie, the Crown's office immediately withdrew gun charges and the federal Crown stayed drug charges against the pair on trial.
Hamilton police were notified and there was a review as to whether a criminal investigation was warranted. Now police spokesperson Jackie Penman confirms a criminal investigation is ongoing.
There is currently a criminal investigation underway by an external police agency," she said, adding that once that's complete, the professional standards branch, which investigates whether officers violated the Police Services Act, will review the case.
Police declined to identify the outside police service conducting the investigation. Ratnam is not suspended.
Meanwhile police are working with the Public Prosecution Service of Canada (PPSC) and the Hamilton Crown Attorney's Office to identify cases that may be affected, Penman said.
A spokesperson for PPSC, which oversees federal Crowns who prosecute drug cases, said it's aware of the developments involving Ratnam, and is working with police and the provincial Attorney General.
All cases involving Ratnam will be reviewed, said spokesperson Sabrina Nemis. To date the PPSC has identified more 30 cases for review, but the process is ongoing."
Ratnam's role in some cases has been a factor in some matters being withdrawn or stayed, she said. She did not specify how many.
The Spectator is aware of at least two cases this week in Hamilton where the federal Crown has stayed drug charges tied to the detective.
It's unclear how many cases may be affected.
Nicole O'Reilly is a crime and justice reporter at The Spectator. noreilly@thespec.com