Case Summary
Between 1981 and 1986, a string of eleven “startlingly similar” robberies took place in southern Ontario.1 In each case, the robber entered a bank just before closing time, engaged the tellers in conversation until he was the only remaining customer, announced the robbery, threatened to use a gun, robbed the tills and the vault, and frequently handcuffed the bank employees together.2 The suspect was consistently described as “6ft. tall, in his late 20’s or early 30’s, 200 to 250 pounds, clean shaven with fair complexion and a round baby face, and possibly had blond hair.”3 Police believed that the same person had committed all eleven robberies in light of their many similarities. In addition, a witness who was present at two of the robberies stated that she thought the same man had committed both.4
One of the string of robberies took place on January 7, 1986. Two days later, bank employees Julie Cosgrove and Beverley Cooper reviewed a photo line-up, which contained 326 pictures matching the description they had given to police: “6ft. to 6ft. 4ins., weighing 200-250 pounds, with no facial hair or glasses, and with fair hair.”5 During this procedure, Cosgrove paused on a photo of a man named Peter Robert Mills and began to cry. When asked if he was the perpetrator, Cosgrove stated: “my gut tells me [he] is.”6 Cooper also paused on Mills’ photo for some time, stating that it was “very close” to the robber’s appearance, though she was not certain.7 Mills was subsequently investigated but ruled out as a suspect.8
On January 14, 1986, a police artist prepared a sketch of the robber, based on Cosgrove and Cooper’s descriptions and a photograph of Mills.9 An elderly couple was shown the sketch and soon contacted police, believing that they had seen this person.10 The couple identified Michael McTaggart, a patron of the racetrack where they worked.11
Michael “Subway Elvis” McTaggart was one of the first buskers to play regularly on Toronto subway platforms, beginning in 1967.12 Known for playing Rock n’ Roll, McTaggart earned the moniker “Subway Elvis” from a Toronto Star reporter in 1970.13 He also had a criminal record for minor offences.14 McTaggart had travelled around the country; investigators obtained a 1980 photo line-up that contained his picture from an Alberta police force.15 This line-up included only eight photos, of which McTaggart’s had the roundest face (and in that regard was the closest to the robber’s). His photo was six years out of date.16
Despite its limitations, police showed this line-up to robbery witnesses. McTaggart was arrested on February 17, 1986 after his photo was picked from the line-up.17 He was initially charged with four bank robberies that occurred in Halton, and three that occurred in Kitchener.18 However, the Crown did not proceed with the Kitchener charges.19
McTaggart’s trial in regards to these four (of the eleven) robberies began on November 17, 1986. Cooper and Cosgrove gave evidence for the Crown, identifying him in court as the perpetrator. McTaggart was acquitted of two of the charges, but the jury could not reach a verdict on the other two.20 He was retried on these remaining two counts; Cooper and Cosgrove again took the stand. This time, McTaggart was convicted on September 14, 1987.21 He was sentenced to five years in prison.22
McTaggart appealed his conviction to the Ontario Court of Appeal. He was released on bail pending appeal on November 2, 1987. However, his bail was revoked on April 25, 1988, when he was arrested and charged with yet another bank robbery that had taken place two days prior.23 On this occasion also, McTaggart was arrested due to eyewitness identification from the Alberta photo line-up.24 The defence, however, proved that McTaggart was in court before a Justice of the Peace at the same time that the robber was casing the bank. He was acquitted on this charge on December 9, 1988.25
Meanwhile, the Ontario Court of Appeal heard fresh evidence from a Halton police officer that undercut McTaggart’s robbery convictions.26 The officer testified that a further five bank robberies had occurred after McTaggart’s arrest in February 1986, continuing up until March 1989, “which were so similar in modus operandi that it would be reasonable to conclude they were … committed by the same person.”27 In light of this information, the Court of Appeal overturned McTaggart’s convictions on February 9, 1990 and ordered a new trial.28 Rather than prosecute McTaggart again, the Crown withdrew the charges against him on June 20, 1990.29 He had spent a total of 20 months in prison.30
On October 11, 1990, McTaggart sued the Halton Police and Crown on grounds including malicious prosecution, false imprisonment, and conspiracy.31 The civil trial judge found that the lead police investigator on McTaggart’s file had intentionally suppressed Cooper and Cosgrove’s identification of Mills from the photo line-up. The officer had omitted police notebooks with this information from the Crown disclosure brief. Moreover, at McTaggart’s trial, he had failed to bring this matter to the attention of the Crown or defence when it became apparent that they were not aware of it.32 As a result, Cooper and Cosgrove’s identification of Mills only came to light in 1994, when McTaggart’s lawyers learned of it from the disclosure process for his civil trial.33
The civil court concluded that this police misconduct had breached McTaggart’s right to have a fair trial.34 In addition, the failure to share this evidence with Crown counsel “constitute[d] a breach of a police officer’s obligation to disclose relevant and material information.”35 The court found that the Crown was not responsible for this failure, since it had been completely unaware of the hidden information.36 McTaggart won his lawsuit and was awarded $230,000 in compensation from the police.37