Mohamed has served “desk duty” with the Ottawa police for more than two years while awaiting the conclusion of his disciplinary hearing, according to the case summary.
Published Apr 01, 2024 • Last updated 8 hours ago • 4 minute read
Ottawa police Const. Mohamed Mohamed was handed a 15-month demotion for discreditable conduct and insubordination after his actions nearly “compromised” a fentanyl trafficking investigation into a fellow officer’s brother.
Mohamed was found guilty in November by the police tribunal “on clear and convincing evidence” in a case connected to an RCMP anti-corruption investigation into fellow Ottawa Police Service Const. Haidar El Badry and a parallel drug investigation into his younger brother, Ameer El Badry.
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Police opened their investigation into the El Badry brothers after receiving a tip in 2020, according to a summary of the facts from the OPS disciplinary tribunal’s presiding officer, retired superintendent Chris Renwick.
The Ottawa police drug squad covertly searched Ameer El Badry’s Richmond Road apartment on April 25, 2021, where they seized one kilogram of fentanyl and a large quantity of cash from a safe.
Investigators staged the search as a break-in — the door was drilled, cabinets and bedrooms were rifled through and a Play Station 5 was taken — to conceal the presence of police and allow the trafficking investigation to continue.
Surveillance teams intercepted a call from Ameer El Badry to his brother, Const. Haidar El Badry, informing him of the break-in and saying $90,000 worth of “things” had been stolen from his safe. He told his brother the break-in appeared to be the work of “a professional.”
Const. El Badry then placed a call to his friend and fellow officer, Const. Mohamed, and, the next day, after the break-in was reported through official police channels, Mohamed met with the younger El Badry.
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Mohamed was then seen on surveillance cameras accompanying the suspect into the lobby of the Richmond Road condominium on April 26, 2021.
Mohamed flashed his badge to the building superintendent and asked for the security camera video “so that he and Mr. El Badry could identify who broke into the apartment.”
The superintendent denied that request, citing a policy that video was only to be released to the investigating officer once a case number was assigned to the file.
According to a summary of the facts, Const. El Badry texted thanks to Mohamed for helping out his “bro.”
Mohamed replied, “no worries man … la Familia.”
Mohamed was off-duty at the time and was on a four-month medical leave.
Prosecutor Vanessa Stewart told the tribunal that Mohamed “consulted with a colleague to attend a break and enter scene with the primary purpose of viewing video to determine who was responsible, providing special treatment to a person involved in serious criminal activity.”
When Mohamed later learned that the younger El Badry was involved in criminal activity, “He chose to warn his colleague, and made no efforts to report his findings nor any safety concerns for those involved,” Stewart said.
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Mohamed’s actions were “deliberate and a complete deviation of the expected investigative conduct and recording/reporting requirements set out in policy,” Renwick wrote in his March 18 ruling.
Stewart called for an 18-month demotion, while Mohamed’s defence lawyer, Michael Smith, said he should forfeit five days’ pay (the equivalent of 40 hours).
Smith said the penalty proposed by the prosecution was based on “a hypothetical approach of what could have happened in the form of retaliation or jeopardy to the (fentanyl) investigation rather than the actual extent of Const. Mohamed’s assistance to the El Badry brothers.
“What we have here is a lapse in judgement, a one-off when attempting to assist a colleague’s brother,” Smith said. “Const. Mohamed was concerned with the safety of (Ameer) El Badry and had no clue that Mr. El Badry was involved in criminal activity or that the break-and-enter was staged and a part of a bigger drug investigation.”
Stewart countered that Mohamed used his position to “insert himself into a serious investigation, which had a serious negative impact on the community.”
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He gave “selective (and) preferential treatment” to a family member of a fellow officer, Stewart said, took no notes of his actions and did not forward any evidence to investigators.
“At some point, Const. Mohamed became aware to some extent of the criminal activities of Mr. (Ameer) El Badry, and (he) does not disclose to investigators his undocumented insertion in the investigation, nor his newly acquired knowledge of Mr. El Badry’s criminality.”
Renwick said in his ruling that Mohamed’s actions could have “compromised” the fentanyl investigation.
“The potential consequences of having a drug trafficker view video surveillance and identify who robbed him could and often does result in retaliatory firearm violence,” Renwick concluded. “It could have also caused (Ameer) El Badry to conclude that the fentanyl was seized by the police, which would have compromised the investigation.”
The RCMP charged Mohamed in June 2021 with obstruction of justice for improperly communicating with a witness. Those charges were withdrawn months later, with the Crown Attorney’s office citing the unlikelihood of reaching a conviction.
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Mohamed has served “desk duty” with the Ottawa police for more than two years, according to the case summary, while awaiting the conclusion of his disciplinary hearing.
Const. Haidar El Badry was charged with breach of trust by a public officer, obstructing justice and causing a person to deal with a forged document. He remains under paid suspension while awaiting trial.
Ameer El Badry pleaded guilty to trafficking fentanyl in 2023.
ahelmer@postmedia.com
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