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Or sign-in if you have an account.“It was something out of a movie scene. You would think I had murdered someone or did something along that line,” OPP Staff Sergeant Roberto Manca says of his arrest outside his home. Photo by Peter J. Thompson/National PostAn Ontario Provincial Police officer who was once in charge of security for the premier of Ontario is suing his police service and his police union claiming he was ruined by an arrest on gun charges that were later dismissed by a judge who savaged the flawed prosecution — including concerns that police witnesses lied.Enjoy the latest local, national and international news.Exclusive articles by Conrad Black, Barbara Kay and others. 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Plus, special edition NP Platformed and First Reading newsletters and virtual events.Unlimited online access to National Post.National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.Daily puzzles including the New York Times Crossword.Support local journalism.Create an account or sign in to continue with your reading experience.Access articles from across Canada with one account.Share your thoughts and join the conversation in the comments.Enjoy additional articles per month.Get email updates from your favourite authors.Create an account or sign in to continue with your reading experience.Access articles from across Canada with one accountShare your thoughts and join the conversation in the commentsEnjoy additional articles per monthGet email updates from your favourite authorsSign In or Create an AccountorThe lawsuit, filed last Tuesday by Ontario Provincial Police (OPP) Staff Sergeant Roberto Manca, claims the OPP’s actions destroyed his law enforcement career and drained him financially while his union failed to adequately support him.Manca, 56, remains an OPP officer who has been under suspension since 2020, after a fellow officer complained that Manca and three other officers exhibited “tyrannical conduct,” including during firearms training, according to Manca’s lawsuit. The complaint turned into a criminal probe and led to his arrest and a trial.Get a dash of perspective along with the trending news of the day in a very readable format.By signing up you consent to receive the above newsletter from Postmedia Network Inc.A welcome email is on its way. If you don't see it, please check your junk folder.The next issue of NP Posted will soon be in your inbox.We encountered an issue signing you up. Please try again“That day was a pretty traumatic day for sure,” Manca said in an interview with National Post of a meeting in March 2020 when he was told to turn in his police badge and gun pending an internal investigation. An even worse day, he said, came six months later when he was suddenly and publicly arrested outside his Barrie, Ont., home.“It is the most shocking thing I’ve ever experienced, for myself and my wife. I’ve arrested many people. I’ve done it as a uniformed officer. I’ve done it as a tactical officer. I’ve done it in civilian clothes as well. And there are processes,” he said.Manca said that despite him reporting to work at an OPP detachment each day and cooperating with the internal probe, two uniformed officers pulled up in a cruiser and arrested him on his driveway and then several more officers swarmed into his house.“It was something out of a movie scene. You would think I had murdered someone or did something along that line,” he said. “And then to find out later that I was being charged with some significant, fairly serious charges for incidents that didn’t even occur just blew my mind,” he said.After Manca was arrested, the OPP issued a media release saying he was charged with four counts of recklessly discharging a firearm and four counts of carelessly using a firearm. The release said the incidents did not involve the public.“I was accused of drawing my pistol and firing into the ground behind the officers while they were in front of me (preparing to shoot at targets at a firing range), which is something you would never do,” Manca said. “Had I done that, with the three or four other supervisor officers there, I would have been arrested on the spot. It never happened. It was all rumour and hearsay,” he said.Manca said he believed it would soon be cleared up, but the case carried on and last year he faced a criminal trial.By the time the trial began the reckless use charges had all been dropped and the Crown proceeded only on the careless use charges. During his trial the charges against him were halved again, down to two, after the Crown conceded two weren’t viable.At the conclusion of Manca’s trial, Ontario Court Judge Peter West said he found the prosecution flawed and inadequate — and that some of the testimony from officers could not be trusted.In his decision, the judge said the case was “doomed from the beginning.”The eight police officers the Crown called as witnesses gave testimony that was incomplete and sometimes contradictory, West said. The long passage of time didn’t help. The charges spanned two incidents, years apart.“A couple of the witnesses, in my view, left much to be desired in terms of their honesty. I do not believe one of the officers in particular was honest with the court in his evidence,” West said in his oral judgment, according to the court’s transcript of the hearing. “It caused me concern about veracity of his evidence.”“The evidence in both counts, in my view, is filled with unanswered questions. No witness observes Staff Sergeant Manca actually discharge his firearm,” West said in his judgment.”No one saw where he was standing … no one saw where his firearm was aiming or pointing when it was discharged, none of the witnesses observed any craters, holes, or divots in the ground which would establish that the firearm was in fact discharged into the ground, (or) where the conduct occurred in relation to the OPP officers on the firing line.”The judge said none of the police officers who testified had complained to a superior after the shooting exercises.“It is only improper speculation for the Crown to jump to the inference that Staff Sergeant Manca fired into the ground behind the firing line.”Even the prosecutor’s expert on firing range safety testified that it was important to know where the shooter was and where he was aiming to determine if the actions could be considered careless.Manca was acquitted of everything.It was all rumour and hearsayManca has not returned to work, however, because the internal OPP investigation has not concluded, he claims in his lawsuit. He still logs in each day at an OPP detachment and remains on the payroll but can’t do police work, he said.Instead, he works his new career as a realtor.The lawsuit names the OPP, which is Canada’s second largest police force, and the Ontario Provincial Police Association, the union for more than 6,000 uniformed OPP officers and 3,000 civilian employees.Both the OPP and the OPPA declined to comment on the lawsuit.“The OPP is aware of the court’s decision in this matter…. The OPP is not in a position to comment on the decision or on any related matters before the courts,” the OPP said in an email.“With this matter being before the court, we are unable to comment at this time,” said Scott Mills, a spokesman for the OPPA.Manca’s claims have not been tested in court.Manca joined the OPP in 1997 and has been a member of a Tactics and Rescue Unit, the Emergency Response Team, a training coordinator at the Provincial Police Academy, and commander of the Dignitary Protection and Investigations Section (during which he was in charge of the premier of Ontario’s protection in 2011 and 2012 when Dalton McGuinty was in office). Manca was named commander of the Emergency Response Team for the Central Region in 2013, according to his lawsuit.Manca is claiming damages against the OPP for lost income, expenses of starting a new career, and for leading a “negligent investigation.” Against the police union he is claiming damages for negligence and breach of duty of care. Against both he claims damages for, among other things, $477,000 in legal fees, and more than that for “injury to reputation, pain, suffering, humiliation, and emotional distress.”“I’ve remained silent for the last six years, basically since the inception of this investigation,” Manca said. “I’d like to know how this happened, why did it happen?”Manca’s lawyer, Kathryn Marshall, said of his lawsuit’s claims: “What happened to my client is appalling. He is a man of integrity and proud of his service as an officer. It is time for justice to be done and for accountability…. The public places a lot of trust in the police and cases like this erode that trust and faith.”Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark nationalpost.com and sign up for our daily newsletter, Posted, here. Get the latest from Adrian Humphreys straight to your inbox Join the Conversation This website uses cookies to personalize your content (including ads), and allows us to analyze our traffic. Read more about cookies here. By continuing to use our site, you agree to our Terms of Use and Privacy Policy.