Ont. obstruction-of-justice allegations spawn wider probe

The Ontario Provincial Police service is continuing its investigation into allegations that an officer, a Toronto Crown attorney and unnamed associates conspired to obstruct justice in the sexual assault prosecution of beverage entrepreneur Frank D’Angelo.

The startling allegations resulted in criminal charges against a veteran OPP officer this week. As well, the Ontario Attorney General’s Office has removed two Crown attorneys from active duty, hired a high-profile lawyer from British Columbia as special prosecutor and has appointed a retired judge to monitor the case.

D’Angelo, the former owner of Steelback Brewery, was acquitted last month by a Superior Court judge of sexual assaulting a young woman in a Toronto hotel in June 2007.

Justice John Hamilton stated he found the 20-year-old woman credible in her allegation that D’Angelo forced her to have sex after they met for lunch to discuss a possible job. But the veteran judge concluded that D’Angelo was also credible and acquitted the businessman because of a reasonable doubt about his guilt.

One of the people in the public gallery at the one-day trial was police Sgt. Michael Rutigliano, who was charged this week with attempting to obstruct justice.

Rutigliano, who is also a jiu-jitsu instructor, faces eight other charges, including allegations that he and three co-accused tried to defraud Bombardier Inc. of $15 million in a purported kickback and secret commissions scheme.

The court documents outlining the charges against Rutigliano list Domenic Basile, a Crown attorney in Toronto, as an unindicted co-conspirator in the obstruction-of-justice allegation. Basile is not facing a criminal charge, but it means police believe he played some role in the alleged obstruction.

Police also allege that D’Angelo, who could not be reached for comment, "did conspire and agree" with Rutigliano to try to obstruct justice in the sexual assault case.

The Ontario Provincial Police service declined to say whether D’Angelo is going to be charged.

A police spokesman declined to comment on the nature of the alleged obstruction or why charges were laid exactly three weeks after D’Angelo was acquitted.

Basile was not involved in the prosecution of D’Angelo and the allegations against the respected Crown attorney are not known. The connection between Basile and Rutigliano has not been disclosed, although both were participants in a mock trial event at a Toronto high school four days before D’Angelo’s trial.

A spokesman for the Attorney General’s Office said Basile is not on active duty. "Mr. Basile is not working on any Crown files. We are not able to further comment on his human resource matters," said spokesman Brendan Crawley.

The Ontario government has appointed Vancouver lawyer Richard Peck as special prosecutor. As well, retired judge and former provincial integrity commissioner Coulter Osborne has been retained "to monitor and provide advice" to the head of the criminal branch of the Attorney General’s Office "as this case moves through the courts," said Crawley.

A bail hearing for Rutigliano is scheduled for this morning. "Let us let the system work," said his lawyer, Dan Kirby. He added he has not been provided with any information about several of the charges and stressed that his client "did nothing illegal" in business dealings with Bombardier.