Hamilton Police will pay a convicted drug dealer $10,000 in court costs after their bid to change the venue of his lawsuit failed.
Police will pay Andre Gravelle, who has several drug-related convictions and who court documents allege is part of a crime family with similar links to drug trafficking, within 30 days.
Gravelle is suing Hamilton Police Services for malicious prosecution, abuse of power, abuse of process, malfeasance in a public office and false arrest, among other claims.
According to court documents, Gravelle was charged with two counts of first-degree murder in the 1998 deaths of Fred and Lynn Gilbank of Ancaster. In 2006, a year after police arrested Gravelle, the Crown Attorney withdrew the charges against him and a co-accused John Criotoru because there was no reasonable prospect of conviction.
Gravelle filed the lawsuit in 2007. In the statement of claim Gravelle admits to having a record for charges relating to trafficking and smuggling drugs and that "he has brothers who have criminal records for similar offences."
The document notes that police considered Andre to be the head of the "Gravelle organized crime group," when they investigated him for the murders.
Hamilton police made a bid to have the case moved to Hamilton from Toronto, which the judge denied earlier this month.
"The judge found there was no significant reason to move it to Hamilton in the interest of justice," said Peter Waldmann, one of Gravelle's lawyers.
In an email, Hamilton police had little comment.
"This matter continues before the courts and the Hamilton Police Service will respect the Superior Court's decision," Const. Steve Welton said.
The Gilbanks were shot to death in their 46 Postans Path home in Ancaster on Nov. 16, 1998. Lynn Gilbank, 52, was a criminal defence lawyer with an office in Burlington.
Several years later, in January 2005, police arrested Ion "Johnny" Croitoru, court documents say, and Gravelle on March 31, 2005. In May, there was a "lengthy contested bail hearing" that spanned three months.
Gravelle hired a private investigator to look into certain aspects of the case, court documents show, and on June 12, 2006, the Crown Attorney withdrew the charges.
Police wanted the lawsuit to be heard in Hamilton because it's closer for lawyers, court documents show. There's also community interest in the case, they argued, and the case would be heard sooner here. But the judge found justice wouldn't be better served in Hamilton.
Waldmann said his client "wants to vindicate his good name. It's that simple."
The statement of claim names the Hamilton Police Services board, as well as several current and former officers, including former chief Brian Mullen and the late Staff Sgt. Ian Matthews, as well as London-based lip reader Jessica Margaret Anne Rees.
The claim asks for $25 million, as well as $10 million from Rees for "fraudulent representation, negligent misrepresentation and negligence."
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