Ex-TTC security officers sentenced for giving phony tickets to homeless people

Share

Three former transit security officers in Toronto were sentenced to jail on Wednesday after being convicted of writing unwarranted tickets to homeless people as a way of covering up that they were slacking off on the job.

"The offences committed in this case are very serious," Ontario Superior Court Justice S. Ford Clements said. "They abused their position of trust … with full knowledge it was wrong."

The men, who were fired from their jobs at the Toronto Transit Commission, will serve sentences ranging from 14 to 90 days on weekends. They were also given lengthier terms of house arrest and must do community service with homeless people.

The charges were for actions dating to late 2012 and early 2013. The behaviour was uncovered after the TTC launched an internal investigation into rumours that some of its security officers weren't doing the work they claimed.

This probe morphed into a criminal investigation, leading to numerous charges. Michael Schmidt, Svetomir Catic and Jan Posthumus were convicted in 2017 of multiple counts of fabricating evidence and attempting to obstruct justice.

According to the Crown, in 2012, the year before their arrest, Mr. Schmidt earned about $142,000, Mr. Catic about $108,000 and Mr. Posthumus about $89,000.

However, court found that the men had spent time doing non-work activities – among them, stopping at a Bell store, shopping at Lowe's and visiting a Lululemon – while they were officially on duty. This behaviour wasn't immediately obvious because tickets were being issued during the times they weren't working.

The tickets were issued in the names of homeless people who frequented the transit system, and were thus known to the officers. Because the victims did not realize these tickets had been issued, they did not respond to them and were convicted in absentia, making them subject to arrest for non-payment.

"The victims were all at risk of being incarcerated," Justice Clements noted.

Mr. Schmidt had been the sergeant of the men's platoon and was convicted of writing 28 phony tickets. Mr. Catic, who sometimes filled in as unit head, was convicted of issuing 13 fraudulent tickets. Mr. Posthumus was convicted of writing four phony tickets.

Justice Clements sentenced Mr. Posthumus to 14 days in prison, plus three months of house arrest and 80 hours of community service. Mr. Catic got 45 days in prison, along with six months of house arrest and 100 hours of community service. Mr. Schmidt was given 90 days in prison, a nine-month sentence of house arrest and 150 hours of community service.

Although the sentences were considerably less than what had been sought by the prosecution – which had suggested three to 12 months in prison – Crown Attorney Derek Ishak was content with the result.

"It is a significant custodial sentence," he told reporters. "At the end, it was a sentence that reflected the seriousness of the offence, but perhaps not as much as what we were seeking."

Gary Clewley, who represented Mr. Schmidt and Mr. Catic, called it a "good" sentence and one that "meets all the principles" of sentencing.

"They deeply regret it," he told reporters. "They just left the building in handcuffs, on the way to a jail. So, yeah, I think that sends a pretty big message to people who are inclined to do what they did."

The TTC would not comment on the sentences imposed.

"The systems we have in place allowed us to identify and act on this matter in a very public way," spokesman Brad Ross said in an e-mail. "A clear message is sent to all that the TTC takes these matters seriously and acts swiftly."