A Toronto police officer charged with second-degree murder in the 2010 shooting death of a 26-year-old man was released on bail Thursday.
Const. David Cavanagh appeared in a University Avenue courtroom to face the new charge, upgraded from manslaughter after the province’s Special Investigations Unit (SIU) consulted with the Crown.
“From what I know about the case right now there is [no new evidence],” defence lawyer Peter Brauti said outside the courtroom.
“We’re shocked. We’re disappointed. And I think it sets a dangerous precedent. But I can tell you this: [Cavanagh] is as confident today as he was yesterday when he was on the original charges.”
Cavanagh, who has been suspended with pay, was allowed to exit the courthouse through the judge’s elevator and down to the basement parking garage.
He was then taken to the College Park courts for a related procedural matter. Only CityNews was on hand for his appearance because media were told by Ministry of the Attorney General that he would be there an hour later.
The Ministry of the Attorney General’s office later denied that he was given preferential treatment.
“After the presiding judge granted the accused bail, the necessary paperwork was prepared in anticipation of the accused appearing later at College Park.
“There was no intention to mislead the media and we sincerely apologize for the confusion this caused.”
The Osawe family’s lawyer said he believes the process was sped up because the accused is an officer.
“We will never see the kind of speedy process that a police officer gets in terms of being tried. It is a different set of rules, there’s no doubt about it,” said attorney Julian Falconer.
It’s the first time an officer in the city has been charged with murder for actions that happened on duty.
Falconer says cases involving officers are notoriously difficult to prosecute.
“My experience with these very serious and difficult cases relating to police accountability is they are grossly under-resourced,” he said. “And they are not treated the same way as other prosecutions are treated. When you put poor resources against an awesome defence team, the result is almost inevitable … That’s a concern for the family.”
It’s alleged Cavanagh shot Osawe during an early-morning raid at an apartment near Kipling and Bloor on Sept. 29, 2010.
He was pronounced dead shortly after arriving at St. Michael’s Hospital.
His family was in court on Thursday.
“My family is extremely relieved that the charges have been laid and that this will be going to trial and we really hope that justice will be served,” said Esther Osawe.
Cavanagh’s preliminary inquiry will begin on Oct. 1 in the College Park courts.
The SIU is an arm’s length agency which investigates cases involving police where there has been death, serious injury or allegations of sexual assault.
