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Tran case
Shannon Murrin's near
fatal beating
Robert Holmes
interview
Sgt. Gary Tidsbury
interviewed Robert Holmes on December the 29th, 1994 and in an
unusual departure from standard RCMP practice advised Holmes
that Murrin was the main suspect in Mindy Tran's death. Tidsbury
told Holmes that the police had witnesses that saw Mindy knocking
on Shannon's door just before she disappeared and that four witnesses
had seen a man matching Shannon's description carrying the suitcase
that probably contained Mindy's body. When Holmes still wasn't
convinced Tidsbury named two children who had been attacked in
Edmonton while Shannon lived there. One had been murdered while
the other survived after being left for dead. (Audio Taped Interview
of Robert Holmes, Dec. 29, 1994, p.38.) Tidsbury hinted that
although never convicted, Shannon had been involved in sexual
offences. When Holmes protested that Shannon was a nice guy Tidsbury
countered "so was Ted Bundy". Tidsbury then asked Holmes
how he felt about someone who could go and kill a little girl
like that. The following exchange occurred:
Holmes: I would
just as soon kill the bastard who did it, myself, I mean I got
no problem with that. But I'd want to make sure it was the person
who done it.
Tidsbury: Couldn't agree with you more. I couldn't agree with
you more.
(Audio Taped Interview of Robert Holmes, Dec. 29, 1994, p.25)
Tidsbury referred
to an outstanding charge against Holmes and asked him for his
help. (Audio Taped Interview of Robert Holmes, Dec. 29, 1994,
pp.2, 3, and 32.)
Following his
interview with Holmes Sgt. Tidsbury, accompanied by Constable
Webb, drove Holmes and his wife Ellie to Mission Creek Park and
showed them where Mindy Tran's body had been found. In his evidence
at Shannon's trial Holmes testified that by the end of his December
29th interview with Tidsbury, Tidsbury had convinced him that
Shannon had murdered Mindy Tran. Holmes also stated this in a
TV interview with VTV reporter, Margo Harper.
Tidsbury sets
up brutal beating
Rob Holmes
told Tidsbury that he wanted to discuss the case against Shannon
with Al Dunn and Ken MacDonald and on January the 5th, 1995,
just before Shannon arrived back from Newfoundland, Sgt. Tidsbury
conducted interviews with Al Dunn and Ken MacDonald. In another
departure from standard RCMP practice Tidsbury told them both
that Shannon Murrin was the prime suspect in Mindy's murder and
repeated the reasons he had given Rob Holmes. (Audio Taped Interview
of Patrick Dunn, Jan. 5, 19905, p.1) Tidsbury's Jan 5, 1995 collective
interview with Holmes, Dunn, and MacDonald was not recorded:
(Testimony of Tidsbury in R. v. MacDonald, Holmes and Dunn, June
18, 1996, p.38 - 39).
After the trio
agreed to assist the investigation, they discussed taking Shannon
to Mission Creek Park to observe his reaction there. Holmes testified
that it was Tidsbury's suggestion that they take Shannon to Mission
Creek Park. (Testimony of Holmes in R. v. Murrin, Sept 1, 1999,
pp. 6 - 7; p.11) Holmes also testified that he believed he had
carte blanche to deal with Shannon Murrin. Holmes said that during
this collective meeting, Tidsbury was told that if Shannon confessed
during the planned talk then Tidsbury had better bring a knife
because he would have to cut Shannon down from the tree over
Mindy's grave (Testimony of Robert Holmes in R. v. Murrin, Sept.
1, 1999, p. 24 - 25). MacDonald and Dunn both agreed.
Tidsbury, knew
that MacDonald was on parole finishing off a lengthy sentence
and was subject to a curfew. He arranged to have MacDonald's
curfew extended to 10:30 PM so that MacDonald could accompany
Holmes and Dunn to the park. (Testimony of Tidsbury in R. v.
Murrin, Oct. 18, 1999, p.47) He also told all three that Mindy
Tran had been sexually molested. (Taped Interview of Robert Holmes,
p.35) At trial Tidsbury agreed that he was aware that Federal
inmates are notoriously violent towards alleged sex offenders.
(Testimony of Tidsbury in R. v. Murrin, Oct. 18, 1999, p.46)
Tidsbury also testified that Jan. 5, 1995 was the first time
he had met Dunn and MacDonald. (Testimony of Tidsbury in R. v.
Murrin, Oct. 18, 1999, p.54 - 55).
Tidsbury meets
Murrin for first time
On the evening
of January 5, 1995 four members of the RCMP elite General Investigative
Section: Sergeant Tidsbury, and Corporals Webb, Seversen and
Johnson waited outside Mr. Murrin's residence. The undercover
operator, Rick Demeester and Shannon entered Shannon's home.
Tidsbury and Webb arrived shortly thereafter. At trial Tidsbury
said that his objective was to set up an interview with Shannon
the next day. This was the first time Tidsbury had met Shannon
Murrin. Shannon agreed to the interview. Tidsbury testified that
he and Webb had accomplished their objective and that they departed
after receiving a pre-arranged signal from Robert Holmes that
their agreed-upon scenario was about to commence. Chico left
shortly afterwards, as did Seversen and Johnson.
According to
Tidsbury's and Seversen's notes and evidence at trial Shannon
had been under constant surveillance since November of 1994.
So it was surprising to hear at trial that when the four officers
left Shannon's home on Dec. 29, 1994 Tidsbury called off all
surveillance by the undercover operators and his own men.
What could
Tidsbury have been thinking when he called off the surveillance
that night? He had convinced three men that Shannon was a serial
child killer, encouraged them to take Shannon to Mindy's gravesite,
and arranged with Holmes, Dunn, and MacDonald non-intervention
for 45 minutes.
Corp. (Now Sgt.) Killaly, a G.I.S. member of the Kelowna RCMP
detachment and the file coordinator of the Mindy Tran investigation,
testified that on the afternoon of Jan. 5, 1995 she stopped by
Tidsbury's office to ask about the plans for the evening. Tidsbury
told her that Shannon Murrin was to be confronted by Holmes,
Dunn, and MacDonald and if necessary taken to Mindy Tran's gravesite.
Killaly inquired about surveillance and was informed there were
no such plans. Tidsbury also informed her that they might find
Shannon tied to a tree at the gravesite. Killaly was so disturbed
by this news that she reported Tidsbury's plans to Staff Sergeant
Darryl Graves but nothing was done (Testimony of Sgt. Killally
in R. v. Murrin, Dec. 15, 1999, pp. 32 - 34).
Holmes, Dunn,
and MacDonald confronted Shannon at home. Using baseball bats
and a tire iron the trio beat Shannon. Achilles Chabot, who also
lived in the duplex gave police a statement that he saw Shannon
being carried unconscious or semi-conscious to Dunn's pickup
and thrown into the back. Chabot called police. As they left
Elwyn Rd. Holmes telephoned Tidsbury on his cell phone and told
him they were taking Shannon to the Park and asked to be permitted
45 minutes with him before the police intervened (Testimony of
Robert Holmes, in R. v. Murrin, Sept. 1, 1999, pp. 29 - 32).
Tidsbury agreed
with Holmes (Testimony of Tidsbury in R. v. Murrin, Oct. 13,
p.10). The call from Holmes to Tidsbury occurred at 9:45 PM (Testimony
of Tidsbury in R. v. Murrin, Oct. 18, p.58) Shortly after Holmes
told Tidsbury that Shannon was being taken to the Park two 911
calls were received by the Kelowna RCMP. At 9:44 PM there was
Chabot's complaint of a fight in progress at 1170 Elwyn Rd and
at 9:53 PM there was a complaint of a loud disturbance at Mission
Creek Park. T (Jan. 5, 1995 Radio communications log, p.1,4).
At Mindy Tran's
gravesite in Mission Creek Park and still using weapons the trio
continued beating Shannon while they questioned him about Mindy's
murder. Just before losing consciousness and in an effort to
save his life Shannon told them that it was "all in a letter
to Donnie and Marie Oliver in Newfoundland. (Preliminary hearing
Regina vs. Holmes, Dunn, and MacDonald)
General Duty
members of the Kelowna RCMP responded promptly to both 911 calls.
G.I.S. members of the Kelowna RCMP were aware of the 911 calls.
General Duty officer Rant attended both 911 calls. On the footbridge
across Mission Creek Park he saw a significant amount of blood,
and could hear screams coming from the wooded area of the park.
As a result he and his partner called the RCMP dispatcher seeking
more and a dog PDQ (Testimony of Cst. Rant, in R. v. Murrin,
Dec. 15, 1999, pp. 5 - 8).
After the 911 calls were received other General Duty RCMP responded,
as it was obvious to them that there was a crime in progress
and that further assistance was requested. Cst. Mike Loerke attended.
He could hear loud yelling coming from across the creek (Testimony
of Cst. Loerke in R. v. Murrin, Dec. 13, 1999, p.31; Jan. 5,
1995 Radio communications log, p.15).
Cst. Janke
and his partner Rant first went to Elwyn Rd then to the footbridge
where blood was found. The dispatcher told him that someone was
being hung over the side of the footbridge. His observations
at the scene were consistent with blood found on the icy surface
of the creek (Testimony of Cst. Janke in R. v. Murrin, Dec. 15,
1999, pp. 21 - 22).
Cst. Gorman,
the dog handler responded to Rant's request for assistance at
10:03 PM (Jan. 5, 1995 Radio communications log, p.8; p.11).
Cst. Guiltenane, a second dog handler, also responded at 10:08
PM (Jan 5, 1995 Radio communications log, p.12).
As the General
Duty members assembled to deal with the assault Kelowna G.I.S.
members gradually became involved. Cst. Webb, Tidsbury's partner,
was one of them. After hearing the dispatch related to the Elwyn
Rd. fight he realized that Holmes, Dunn, and MacDonald were at
Shannon Murrin's residence and at 9:52 PM he called Tidsbury
(Testimony of Webb in R. v. Murrin, Oct. 26, 1999, pp. 33 - 35).
When Webb heard the second dispatch to Mission Creek Park, he
realized that the Elwyn Rd. fight had moved. Again he called
Tidsbury and reported that Holmes, Dunn, and MacDonald had taken
things into their own hands and were at Mindy Tran's gravesite
with Shannon Murrin (Testimony of Webb in R. v. Murrin, Oct.
26, 1999, p.49).
Corp. Seversen
was monitoring radio transmissions in the G.I.S. office when
he heard the 911 calls come. He also realized what was going
on and in he called Tidsbury to advise him of that at 9:51 PM.
Seversen realized after the second dispatch that Shannon was
being beaten (Testimony of Corp. Seversen in Regina v. Murrin,
Sept. 23, 1999, pp. 48 - 50).
Once the Kelowna G.I.S. members realized what was happening they
intervened by taking the unusual step of assuming responsibility
for the assault complaints. After a conversation with Tidsbury
it was decided that Webb would tell officers Janke and Rant to
remove themselves from the area and cancel the dog handler (Testimony
of Webb in R. v. Murrin, Oct. 26, 1999, pp. 52 - 53). Cst Rant
testified that Webb told him to take off when in Rant's view
the scene was not secure (Testimony of Cst. Rant in R. v. Murrin,
Dec. 15, 1999, pp. 8 - 9).
After speaking
with Webb, Tidsbury told the watch commander of the Kelowna detachment
at 10:11 PM that all general duty RCMP members attending mission
creek were cancelled (Jan. 5, 1995 Radio communications log,
p.15). Tidsbury was aware that although uniformed officers were
at the scene G.I.S. members were not. He was also aware the crime
scene was not secure (Testimony of Tidsbury in R. v. Murrin,
Oct. 18, p.72).
At one point
the Watch commander sent Corporal Murray Johns, a member with
23 years service, to Mission Creek Park to find out what was
going on. Corp. Johns was approached by Cst. Webb who told him
-- You weren't here, don't make notes. Johns said that in 23
years of police service no other police officer had ever said
such things to him (Testimony of M.E. Johns in Regina v. Murrin,
Dec. 15, 1999, pp. 48 - 49). Cst. Webb also told Janke that it
was not going to be necessary to make any notes. Janke also thought
that unusual, no similar suggestion had ever been made to him
before (Testimony of Cst. Janke in R. v. Murrin, Dec. 15, 1999,
pp. 27 - 28).
Six mounties
involved
The elite team
of investigators from Kelowna GIS until now numbered six. The
four original investigators Tidsbury, Webb, Seversen, and Johnson
had been joined by two more - Slade and Shaigec. Sergeant Tidsbury
gave orders to Seversen and his partner, Johnson, to go near
the scene but not to the scene. Slade and Shaigec joined them
and the two unmarked vehicles parked at a shopping center nearby
awaiting further instructions. (Testimony of Seversen in R. v
Murrin)
Tidsbury and
his partner Webb were parked in another location near the scene.
Tidsbury gave orders for the rest of the team to meet him nearer
the scene, just outside of Mission Creek Park. The six of them
waited until McDonald, one of the brutal trio, was seen leaving
the park. Not one of the six officers intervened to stop the
beating. There is evidence that Tidsbury and Webb were actually
in the park watching the beating in progress and listening for
a confession.
Tidsbury's
first question to McDonald was "is he still alive ?"
(Testimony of Corp. Seversen in Regina v. Murrin, Sept. 23, 1999,
pp. 28 - 32). At trial Seversen testified that he was aware that
Shannon's life was in danger from his monitoring of the ongoing
police radio communications and he was also aware that uniformed
police officers were being sent away before G.I.S. members had
the situation under control.
Holmes had
testified that he had asked Tidsbury to give the trio at least
forty-five minutes to get a confession. They were allowed almost
an hour. By the time Kelowna G.I.S. members opened the gate on
the footbridge over Mission Creek it was 10:35 PM. From that
location it took them 5 minutes to reach Mindy Tran's gravesite
where they found Shannon Murrin at 10:40 PM. G.I.S. investigators
reached Shannon Murrin 55 minutes after Holmes' request to be
permitted 45 minutes with Shannon before the police intervened
(Testimony of Corp. Seversen in R. v. Murrin, Sept. 23, 1999,
pp.60 - 61). Seversen's notes state that at 10.40 on January
5, 1995 he found Shannon Murrin lying at the gravesite naked
and unconscious. The original call from Chabot came in at 9.44.
Despite the
fact that MacDonald was in breach of his parole by committing
an assault and being away from his half-way house past his curfew
Tidsbury told MacDonald to go back to Holmes' residence and had
told Callens that the need for an ambulance was not urgent (Proceedings
at MacDonald, Holmes, Dunn Preliminary Inquiry, June 18, 1996,
p.56). Tidsbury also specifically asked that the ambulance not
use lights or sirens (Proceedings at MacDonald, Holmes, Dunn
Preliminary Inquiry, June 19, 1996, p.49).
Seversen knew
from his extensive police experience that Shannon was in urgent
need of medical attention (Proceedings at Preliminary Inquiry,
May 29, 1997, pp.44 - 46). Dr. Sheila Carlyle, the forensic pathologist
called to testify for the Crown, reviewed Shannon's medical records
and examined photographs of his injuries. He had sustained fractured
ribs, a fractured cheekbone, head injuries, a brain injury, ongoing
hearing difficulties, leg injuries, a fractured ankle, and shock
and stress. Dr. Carlyle testified that given his injuries that
night that there was a 40% risk of fatality even with treatment.
She also said that Shannon's head injury and minus zero temperatures
put him in need of urgent medical attention, and that - had he
not been found promptly and taken to a hospital, the likely outcome
would have been death (Testimony of Dr. Carlyle in R. v. Murrin,
Aug. 13, 1999, pp. 6 - 9).
The treatment
of Holmes, Dunn, and MacDonald after their brutal assault on
Shannon Murrin was highly unusual:
* None of them were arrested, booked, or fingerprinted
* Before being interviewed they were all placed together in the
soft interview room.
* They were served coffee and donuts
* They were permitted to shower in the RCMP members private locker
room as opposed to the cells
* Although they were covered in Shannon Murrin's blood their
appearance was not noted or photographed before they were allowed
to shower
* All three were interviewed by the same officer: Tidsbury
* After each was interviewed he was put back with the others
in the soft interview where all three were allowed time to consult
before the next interview commenced.
Corp. Seversen
admitted that RCMP conduct was unusual to a remarkable degree
and not in accord with any RCMP procedure that he had ever heard
about (Testimony of Corp. Seversen, proceedings at Preliminary
Inquiry, May 29, 1997, pp. 54 - 59).
Staff Sergeant
Callens testified that several general duty RCMP members had
told him that they were disturbed about what was happening at
Mission Creek Park and that there was something drastically wrong.
Sergeant Van de Walle and the general duty officers wanted the
trio charged. Van de Walle said the charge should be attempted
murder, not assault. Callens said it was not normal for G.I.S.
members to take over the investigation of an assault (Proceedings
at MacDonald, Holmes, Dunn Preliminary Inquiry, June 19, 1996,
p.50).
Tidsbury, Webb
and the trio met first at Rob Holmes place and then went to the
station. Tidsbury's notes of the early morning of January 6,
1995 are as follows:
94-01-06
12:25 - am - commence tape-recorded interview with
Patrick Al Dunn (B: 67-08-23)
729 McClure Rd.
Kelowna, BC 764-8127
- Interview in entirety tape recorded
12:54 - "thought he killed Mindy Tran" - crying.
1:03 am - "going to bury"
- Death too good for him
- Write letter to Donnie and Marie Oliver
- "It's all in the letter".
1:17 am. -
Terminate interview.
- Discuss search warrant for gun at Murrin's place with Seversen,
Shaigec, Slade
1:47 am
- Commence taped recorded interview with Robert Patrick Holmes
(B:60-03-22)
1170 Elwyn Rd. 861-3688
2:08 am - talking
about Donnie and Marie Oliver - how Murrin said he gave them
letter explaining why he killed Mindy Tran.
- Knows he has friends in Newfoundland named Oliver
- Has never met them.
2:12 - checked tape recorder
- Discovered twist in tape and not recording
- ??? On correct tape
- Start interview again with tape recorder working.
-Previous interview
similar
2:35 am - talking
again about Donnie & Marie Oliver
- Friends of Murrin
- Letter explaining everything
- Lives in St. John's area.
2:36 A.M. - terminate interview.
2:47 A.M. -
commence interview with Kenneth Lawrence MacDonald (B: 61-09-29
1033 Harvey Ave
Kelowna BC, 763-7838
3:11 am - terminate interview.
3:20 am - take MacDonald home
3:30 - to office
- office work
5. Tidsbury
looks after agents Holmes, Dunn, and MacDonald
While Shannon
Murrin lay in Kelowna General Hospital in a coma, Tidsbury's
first order of business the morning of January 6, 1995 was to
look after the trio and look for the Confession Letter. His first
call on that morning was to Ken MacDonald's parole officer, Ken
Matheson. Over the next few weeks Tidsbury had several meetings
with Ken MacDonald as well as discussions with Matheson and senior
BC Parole Director, Brian Lang or Long. Tidsbury asked Matheson
not to revoke MacDonald's parole because of the assault on Murrin.
He took Matheson into his confidence and told him about Shannon's
confession, the existence of a letter, and the need to keep Ken
MacDonald free so that the Newfoundland investigation wouldn't
be jeopardized. (Book 7 Tidsbury's notes)
Even after
disclosing all the details of the previous evening and how helpful
MacDonald had been Matheson still wanted to revoke MacDonald's
parole. He suggested that Tidsbury talk to Brian Lang. He said
that there had been problems like this in the past - such as
when they had to "cover their asses over P.G." Matheson
said he would have Lang call Tidsbury. Lang called Tidsbury and
was also taken into Tidsbury's confidence and asked to intervene
for Ken MacDonald. Lang told Tidsbury that the warrant was already
executed but it was up to Tidsbury when MacDonald was arrested.
He expressed concern that MacDonald had been a police informant
for some time. He said he based this suspicion on the fact that
charges against MacDonald for a B&E had been stayed and that
his parole was not revoked when MacDonald tested positive for
cocaine. (Book 7 Tidsbury's notes)
Rob Holmes
called Tidsbury and requested that Tidsbury talk to a friend
of his, Bruce Ord, who lived with Al Dunn's sister, Joan. Later
that day in a conversation with Bruce Ord Bruce advised Tidsbury
that there was something wrong with Al Dunn. He said it was something
to do with Dunn's childhood. He said that Dunn was emotionally
unstable and needed help. Tidsbury arranged for Al Dunn to see
Victim Services, and called Michael Todd, Office Director at
human resources to request emergency financial assistance for
Dunn. Todd told Tidsbury to have Al Dunn drop around at 1PM.
Dunn expressed concern for his safety and Tidsbury gave Dunn
an FAC application. (Book 7 Tidsbury's notes)
In an interview
with Rob Holmes Tidsbury records that Holmes now believes that
his original alibi for Shannon is wrong and that he didn't see
Shannon until almost 9PM. Tidsbury contacts Scott van Aseltine
concerning the legality of agentizing Holmes. (Book 7 Tidsbury's
notes) Meanwhile Seversen and Webb re-interviewed Ellie Holmes
and Dorothy Shea who now also believe that they didn't see Shannon
until much later. (Seversen's notes; Webb's notes)
The warrant
against MacDonald was finally executed a few days later. He voluntarily
surrendered to Tidsbury and Tidsbury drove him to Ferndale. At
trial Peter Wilson referred to this institution as Fundale in
reference to a request by Douglas Martin that Tidsbury intervene
to have him transferred there. After a phone call from a guy
named Hartl telling Tidsbury that Ken MacDonald was talking too
much Tidsbury takes Warden Wiebe into his confidence and asks
him to keep Ken MacDonald under control. (Book 7 Tidsbury's Notes)
Although there
was never any doubt that Holmes, Dunn, and MacDonald had inflicted
the near fatal beating upon Shannon Murrin - all three admitted
it -- they were not charged for six months. Achilles Chabot,
who lived below Shannon, had given police a statement that he
saw Shannon being carried out of the house unconscious or semi-conscious
and thrown into the back of Al Dunn's brown pick-up truck. Another
witness saw Shannon's body being thrown over the six-foot high
footbridge at Mission Creek Park. MacDonald, who was seen by
Tidsbury fleeing the scene, told Tidsbury he believed that Shannon's
legs were broken.
Despite overwhelming
evidence that a serious assault or an attempted murder had taken
place the incident of Jan. 5, 1995 was never investigated. Instead
RCMP investigated the trio's allegation that Shannon Murrin pointed
a gun at his three assailants. Directly after his first interview
the morning of January 6, 1994, the one with Al Dunn, Tidsbury's
notes say "Discuss search warrant for gun at Murrin's place
with Seversen, Shaigec, Slade". The search warrant was obtained
and RCMP searched Shannon Murrin's residence. They seized the
"unloaded gun" (Seversen's notes) and with the assistance
of Rob Holmes gathered up several unfired shells that Holmes
and Dunn said they had found inside and outside Shannon's residence.
Shannon's bloody clothes were held as exhibits in the Mindy Tran
murder investigation while the bloody clothes of his three assailants
were returned to them.
The weapons
used by the three assailants, a baseball bat, tire iron, and
crowbar, were seized but never entered as exhibits in the assault
against Shannon. The media heard about the assault through radio
scanners but RCMP asked them not to report the assault. They
were told that reporting the events of January 5, 1995 would
jeopardise the Mindy Tran murder investigation.
On ? Seversen's
notes show the following entry:
14:09 - Holmes
and Dunn to Det. On B&E file 94-3991. I returned items
01 - Red pipe wrench
02 - TRS Baseball bat.
03 - Blue Crow bar
The trio was
finally charged with assault six months later and the preliminary
hearing for the trio took began in May 1996.
An internal
investigation produced more incriminating statements from the
trio. In an audio taped statement given to RCMP Sgt. Lunn on
May 27, 1998, Holmes told Lunn that Tidsbury knew Shannon would
be assaulted: (Audio Taped Interview of Robert Holmes, May 27,
1998 p.11 - 12). Dunn and MacDonald statements of January 29,
1999 confirmed Holmes' statement (Audio Taped Interview of Patrick
Dunn, Jan. 29, 1999, pp. 6 - 8; Audio Taped Interview of Kenneth
MacDonald, Oct. 19, 1998, p. 4).
Neither Tidsbury
nor the trio were ever held accountable for their actions on
January 5, 1995. In 1998 charges against the trio were stayed.
The following headline appeared in the Kelowna Courier: CHARGES
ARE STAYED IN BEATING OF TRAN ACCUSED. The reason given was that
it took too long to get to court.
Charges on
B&E file number 94-3991 R vs Holmes and MacDonald were also
stayed (Seversen's notes). For MacDonald this would be the third
time criminal charges were stayed and for Holmes the second time.
Defence says police committed
perjury during murder trial of Shannon Murrin, one of several
problems with Crown's case
Jan 6, 2000
VANCOUVER (CP)
-- The lead officer investigating eight-year-old Mindy Tran's
murder lied while he testified at the accused killer's trial,
the defendant's lawyer said Thursday.
"Somebody
in the RCMP picked up the Bible and lied and the defence suggests
that (former RCMP Sgt. Gary) Tidsbury was untruthful in his testimony
and he got caught," said Peter Wilson in his final arguments.
Wilson told
the jury at the first-degree murder trial of Shannon Murrin that
the police investigation was biased and involved "dishonest
police officers." He also said some evidence was tampered
with and DNA evidence was contaminated. The charge against the
49-year-old Newfoundland native came three years after eight-year-old
Mindy disappeared while looking for a playmate in Kelowna, 450
kilometres east of Vancouver, in August 1994. Her body was found
two months later in a park, buried in a shallow grave.
Crown discounts defence
theory of police bias in Mindy Tran investigation
Jan. 7,
2000
VANCOUVER (CP)
-- The defence theory that RCMP investigators conspired against
accused murderer Shannon Murrin is a red herring and the jury
only needs to view all the evidence with common sense, the Crown
said Friday.
"The real
issue is who killed Mindy Tran, not what happened on the night
of Jan. 5," Crown prosecutor Josiah Wood said in his closing
argument. Wood was referring to a major part of the defence's
theory and its closing argument -- that the police were biased
and conspired in their investigation to get a murder charge against
Murrin.
Murrin, 49,
was charged three years after Mindy disappeared while looking
for a playmate in Kelowna, 450 kilometres east of Vancouver,
in August 1994. Her body was found two months later in a park,
buried in a shallow grave. The defence contends Murrin did not
have time to commit the murder and was with friends at the crucial
time.
It also says
lead RCMP investigator Sgt. Gary Tidsbury, since retired, lied
on the witness stand about events leading up to the Jan. 5, 1995,
beating of Murrin in a park by three of Murrin's acquaintances.
Integrity
of detachment defended
By Alistair
Waters, staff reporter, July 18th, 2001
Hindsight has
proven to be 20-20 for investigators probing how the Mindy Tran
murder investigation was handled.
RCMP officials
admit that a review of how the case was handled was carried out
using criteria not in use in Kelowna at the time.
"That
may be a little unfair to the officers involved," said RCMP
spokesman Const. Garth Letcher, "but we want to learn from
this and move on."
According to
police, the Canadian Police College's Major Crime Investigative
Techniques course and the Major Crime Management course were
introduced in March, 1994, five months before eight-year-old
Mindy disappeared from her Rutland home.
Her body was
found in Mission Creek Park in October of that year.
A drifter from
Newfoundland, Shannon Murrin, was charged with her murder in
January, 1997 and acquitted January 2000 by a B.C. Supreme Court
jury in Vancouver following one of the longest and most expensive
murder trials in B.C. legal history.
The latest
report, which reviewed every piece of paper and every piece of
evidence associated with the investigation-enough to fill 11
full-sized filing cabinets -determined mistakes were made handling
the case that threw the integrity of the investigation into question.
According to
police, old-style investigative techniques were used by local
officers in the case. The new techniques did not start being
taught here until 1995.
Based on that,
the current officer in charge of the Kelowna detachment, Insp.
Don Harrison, is standing by his officers, both past and present.
Harrison said
based on the standards of the day, the Kelowna investigators
did a very good job.
And despite
the report's criticisms of the way they handled the investigation,
Harrison said he stands by the investigators some of whom, like
lead investigator Sgt. Gary Tidsbury, quit the force before Murrin
was acquitted.
"Two reports
have been released that indicate we did a quality job,"
said Harrison, putting his own spin on the Alberta RCMP report
that blames investigators and senior RCMP officers for compromising
the integrity of the investigation.
Harrison was
not stationed in Kelowna in 1994 when Mindy disappeared.
Calling the
administrative review a validation of the local officers' work,
he also pointed to the recently released report by Victoria police
that looked at allegations of witness-coaching by the RCMP in
connection to the Murrin trial and allegations that information
was withheld from Murrin's lawyers.
That report
says there was not enough evidence to make a case in either allegation.
Harrison said
the public should have confidence in the local RCMP as it investigates
crimes such as the recent murder of a young woman in Kelowna's
north end.
There are,
however, several murders in Kelowna that remain unsolved.
"I think
the public has confidence in the RCMP and this community thinks
we do an outstanding job," said Harrison. He added that,
despite the claim in the review report that a rift among officers
stemming from the Tran murder investigation existed as recently
as April 2000, he is not aware of any rift now.
And unless
any new evidence comes forward, the Tran case is closed.
As far as Harrison
is concerned, he agrees with detachment officials who have previously
said they believe the right person was charged despite the jury's
decision to acquit Shannon Murrin.
awaters@kelownacapnews.com
Censored report on Tran
murder investigation is released to media
Barry Gerding,
Capital News editor, July 11th, 2001
One of the
internal investigative reports that clears the Kelowna RCMP of
any legal wrongdoing in the Mindy Tran investigation has finally
been released to the media.
Kelowna RCMP
Supt. Don Harrison told the Capital News last November that the
report had exonerated the local detachment of allegations of
witness tampering and withholding of evidence.
But the report
was not released to the media at that time despite freedom of
information applications from the Capital News to see the report.
On Monday,
the report was released in a heavily censored format, with all
third party names referred to in the report blanked out to protect
their privacy rights under the the Information and Protection
of Privacy Act.
A final investigation
into the handling of this case, an administrative file review
by senior RCMP staff in Alberta, has yet to be released.
Tran disappeared
Aug. 17,1994, and was last seen placing her bike on the front
lawn of a home near her Taylor Street residence and walking towards
the front door.
She was never
seen again until her body was discovered Oct. 11 in Mission Creek
Park.
Shannon Murrin,
who was staying as a guest at the house Tran was last seen approaching,
was eventually charged with her murder and was acquitted of the
charges following a trial in February 2000.
The fallout
from that verdict raised several allegations both from a VTV
television news report and Murrin's legal counsel about how the
case was handled by the lead investigator, former Staff. Sgt.
Gary Tidsbury.
Among the allegations
were of evidence being intentionally destroyed, discrepancies
about where Tran's bike was found and that a jailhouse informant
and proven liar was used to testify in the trial.
The informant
said Murrin told him while both were incarcerated that he carried
out the crime
It was also
alleged that police turned a blind eye while allowing three friends
of Murrin to try and beat a confession out of him at Mission
Park and that one Kelowna officer on the case admitted privately
to a superior that he had done something wrong during the course
of the Tran investigation that he could go to jail for.
All of those
accusations were addressed in the report and determined to be
absent of any legal wrongdoing.
"In considering
all the facts surrounding the allegation of the parties involved,
we, the investigators are of the opinion that there is no substantive
evidence that would indicate any turth or validity to the allegations
set forth," states the final conclusion of the report.
RCMP conduct in Murrin case stays
a secret
By Marshall
Jones, staff reporter, Kelowna Capital News, March 23, 2001
The RCMP has
again nixed the public release of a report into key aspects of
Kelowna detachment's handling of evidence in the case against
Shannon Murrin, who was accused of killing eight-year-old Mindy
Tran in 1994.
The department
was absolved of any wrongdoing by a criminal investigation prepared
by Victoria Police Department and local officers say they would
prefer the report was made public to clear the air.
RCMP censors
in Ottawa refused to give the Capital News any information earlier
this year, saying the report was the VPD's, not theirs. Victoria
police said in February they would release most of an executive
summary but it was delayed while the RCMP censored it.
Now, a letter
from VPD disclosure analyst Debra Taylor says that blacking out
parts of the report has "rendered it incomprehensible"
and it wouldn't be released.
Taylor refused
to say why the report was so heavily censored.
Les Rose, a
lawyer for the RCMP said his department has little power to force
another department to release or not release information.
He called the
process, which in this case was the investigators asking the
investigated to approve release of a report, "a consultative
courtesy."
The investigation
was based on allegations from some media and Murrin's lawyer
that a witness statement which claimed evidence contrary to the
findings of the RCMP investigation into Shannon Murrin never
materialized.
The witness
said she saw Mindy's bike on the road-not on Murrin's lawn.
The Victoria
Police Department investigation also looked at conversations
between Doug Martin, a jailhouse informant and former Staff Sgt.
Gary Tidsbury.
Martin testified
that Murrin admitted to the crime.
Despite that,
Murrin was found not guilty of murdering Mindy.
mjones@kelownacapnews.com
Review critical of RCMP
By Alistair
Waters, staff reporter, Kelowna Capital News, July 18th, 2001
An internal
review of the 1994 Mindy Tran murder investigation has slammed
the Kelowna RCMP for its handling of the case.
The review,
by a team of 14 Alberta RCMP officers led by Insp. Ray Ambler
of the southern Alberta major crimes unit, said the investigation
lacked a "formal case management system that ensured a quality
and a timely investigation through proper management supervision,
direction and accountability.
"The review
team found that the investigation was not well structured and
that lack of a case management system contributed to the loss
of the best evidence through time delay and poor technique,"
states the report.
But while it
says the handing of the investigation alone was not enough to
put the case against the man accused of the murder in jeopardy,
coupled with the actions of some investigators the report says
it caused the case to fail.
"There
were a few, whose bad judgment, loss of objectivity and a failure
to live up to one's duty as a member of the RCMP, contributed
to the downfall of this file," says the report.
"The absence
of a cohesive team approach, compounded by a lack of an objective
overview and a lack of shared vision by (the) detachment and
senior management, served to further impede the resolution of
the problems unidentified in this review."
The individual
officers were not identified in the heavily censored report by
the privacy commissioner's office that was released to the media
on Tuesday.
Shannon Murrin
was acquitted of the murder of eight-year-old Mindy Tran of Rutland
in January 2000, five years after the little girl's body was
found in a shallow grave in Mission Creek Park.
She disappeared
Aug. 17, 1994, sparking a huge search throughout the community.
Murrin, who
was first identified by the RCMP as its prime suspect before
being charged, was staying at a nearby house at the time of Mindy's
disappearance.
Despite the
acquittal, the Kelowna RCMP continue to maintain that the right
person was charged and say the case is now closed.
On Tuesday,
the police took the unusual step of releasing the internal police
report to the media, holding a technical briefing and a press
conference.
While many
parts of the report are deleted, what's left still paints an
unflattering picture of an investigation that was found to be
poorly handled from the start.
"The downfall
of this case was the integrity of the investigation," says
the report. "Defense at trial was able to successfully attack
the integrity of the investigation and thereby weaken the evidence
to the point that the jury arrived at a verdict of not guilty."
One of the
biggest problems was the beating of Murrin by three men described
by RCMP spokesman Cpl. Grant Learned as controlled by the police.
While the trio claimed they were put up to the beating by investigators,
subsequent investigations into the incident showed police were
not directly involved and no disciplinary or criminal action
was ever taken.
The review
team said the integrity question centred on the beating and how
it was handled by senior officers in Kelowna.
The report
says the lead investigator, Sgt. Gary Tidsbury, should have been
removed from that position at that time. Tidsbury has since retired
from the force and is living in Alberta.
"The action
taken by senior management was not adequate. They failed to ensure
the integrity of the investigation by dealing quickly and decisively
with the issues that the beating raised," the report says.
As a result,
says the report, the rift developed within the local RCMP, including
among plain-clothes general investigation officers and among
uniformed officers. The schism was still observed in April 2000,
five years later.
"At a
time when team work and cooperation were needed most,the detachment
fragmented into acrimonious division," says the review team's
report.
It goes on
to say that there is also evidence to suggest that actions taken
by senior officers in respect to other officers, served to only
"further destroy team cohesion, certain individuals and
to further intensify the problems."
Neither the
individual officers nor the senior officers are identified in
uncensored portions of the report released to the media.
While the report
is critical of the way the investigation was handled, it says
there was no lack of hard work, dedication and investigative
skill by some officers involved in the case.
But incidents
like the washing of clothing evidence, not taping all critical
interviews, not disclosing all information to or seeking input
from the Crown prosecutors, and delaying photographic line-ups
all impacted on the case.
Despite the
report's findings, the current Kelowna detachment commander,
Insp. Don Harrison, who was not stationed in Kelowna at the time
of the Tran murder investigation, called the report a validation
of what was done right in the investigation.
Harrison said
he has the highest regard for all the officers associated with
the case.
Harrison would
not be drawn into criticizing the report's authors for their
comments about individuals as opposed to the investigation itself.
Of the report's
23 recommendations, he said all have been adopted by the Kelowna
detachment.
However, because
of the privacy office censoring of the report, none of the recommendations
were made public.
Learned called
the Tran murder the "single most demanding challenge faced
by officers at the Kelowna detachment."
"As one
of the officers put it, we were handed a bomb with the fuse already
lit," said Learned.
Both he and
Harrison said the public should have confidence in the abilities
of the RCMP despite the criticisms contained in the report.
They said the
public should recognize the fact the report was made public,
albeit in censored form, is evidence the RCMP have learned from
this particular investigation and are ready to move on.
Local RCMP
spokesman Const. Garth Letcher said the Tran family was informed
of the report's findings but declined to comment.
awaters@kelownacapnews.com
|
Truth can never be
told so as to be understood, and not be believ'd. William Blake, The Proverbs of Hell
