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Kerry
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tapes | Chief goes
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police on U.S. State Department Bad Cop list for violating human
rights | Edmonton
police on U.S. State Department Bad Cop list for violating human
rights
Abdulahi Mahamad
Victim of misplaced notions
of feminism
" .
. . During the course of Constable WILLIAMS interview with the
complainant, ADDOW apparently admitted that she falsely lodged-the
1997 sexual assault complaint against MAHAMAD in efforts to regain
custody of her children. . . "
She was successful.
9620-103A AVENUE
EDMONTON, ALBERTA
CANADA T5H GH7
PH: (780) 4213333
July 28, 2000
Mr. Abdulahi MAHAMAD
10517 - 129 Street
EDMONTON, AB T5N 1W9
Dear Mr. MAHAMAD:
I am authoring this correspondence
to you, to officially inform you of the final decision regarding
the set of facts and circumstances you and I have previously
discussed.
I am certain you will recall
our conversations resulted in my volunteering to complete an
investigative brief for attention of the Crown Prosecutors in
Alberta Justice. Further agreements detailed I was to telephone
you when the investigative brief was completed and delivered
to Alberta Justice. As you indicated, that would enable you to
liaise directly with the Crown Prosecutor's office to clearly
present your position.
The investigative brief was
completed on July 02, 2000 and forwarded to Alberta Justice as
per our agreement. I called you on July 07, 2000 to advise you
of that fact. You informed me you had already been in touch with
Alberta Justice and thanked me for my efforts.
Further agreements detailed
that I telephone you the moment I receive notification from Alberta
Justice regarding the decision from their office. I received
notification from Alberta Justice on July 18, 2000. As you recall,
I left two voice messages on your answering machine on July 19,
2000 at approximately 7:28 p.m. Notwithstanding the limited time
available on your answering machine, I was able to inform you
that Alberta Justice had determined there was "insufficient
evidence to lay charges".
I have taken the specific text
from the letter from Alberta Justice and have copied it as follows
attention:
"Thank you for your
investigative material with respect to the above.
Having reviewed this material,
it is our opinion that there is insufficient evidence to lay
a public mischief charge against Ms. .Addow. Further, none of
the potential charges against either of these two parties should
be re-visited and laid. "
Mr. MAHAMAD, from the numerous
conversations you and I have shared, I can truly understand the
frustration you face. However, based on the information presented
to myself and other members of this organization, the Edmonton
Police Service is not able to meet your expectations and lay
charges against Ms. Addow.
2
Therefore I must state, the
Edmonton Police Service will not conduct further investigations
into your allegations of Parental Abduction and/or Public Mischief
charges against your ex-wife. In addition to this statement,
the Edmonton Police Service will conduct no further investigations
into historical sexual assault allegations levied by your ex-wife
against you.
Referencing our telephone call
from July 26, 2000 I can further advise you in writing, my investigative
brief was reviewed by Acting Chief Crown Prosecutor Mr. W.R.
STEPHEN.
We also spoke briefly regarding
the letter codes "S" and "T" that are allegedly
associated to your name. You expressed concern should a routine
traffic stop be conducted by an EPS member, you believed you
may be treated in an alternative fashion should those letter
codes would be available to the officer. I conducted computer
checks utilizing your name and date of birth you provided. I
am able to confirm there are no such letter codes associated
to your name. The only entry displays a "no convictions"
notation from an assault matter which occurred several years
ago. We further discussed the possibility of placing a "flag"
on your wife's name to preclude the possibility of further visits
from investigating officers dealing with vexatious complaints
levied by your ex-wife. I am able to inform you, our present
computer system does not offer the feature to "flag"
names. However, we are able to "flag" addresses and
I have taken the liberty to have any and/or all investigators
responding to your ex-wife's address, to review my investigative
brief prior to conducting further investigations into your ex-wife's
allegations. Naturally, should the allegations be levied outside
of the material covered in my investigative brief, the investigators
would then be compelled to contact you to ascertain your "side
of the story".
Should you maintain your original
position, insofar you believe your wife is harassing you and
using the Edmonton Police Service as a medium to effect that
harassment, I refer to my prior suggestion that a civil remedy
be pursued to meet your objective.
In facing the future of what
appears to be a lengthy child custody matter, I wish you the
best. Keeping in mind the foregoing, should you have any questions
outside of our previously discussed matters, please feel free
to contact me at 426-8126.
Sincerely,
R.A. SCHREINER, Sergeant
North Division, Platoon A, Position 3
HENDRICKSON GOWER MASSING OLIVIER]
Attention: Mr. Barry J. MASSING
Barristers and Solicitors
#2250 Scotia I, 10060 Jasper Avenue
Edmonton, AB TSJ 3R8
Dear Sir:
This is to confirm the Edmonton
,Police Service received your correspondence addressed to the
Chief of Police dated November 15, 2000. Your complaint letter,
along with the correspondence authored by your client Mr. MAHAMAD,
was forwarded to North Division for review. As I have familiarity
with Mr. MAHAMAD, the file was forwarded to me for further investigations
in efforts to meet your concerns.
Upon reading through your,
and Mr. MAHAMAD's correspondence I would first like to inform
you of the status of Mr. MAHAMAD's ongoing concerns with the
Edmonton Police Service. I first met Mr. MAHAMAD in the fall
of 1999. I had assumed supervisory responsibility of the patrol
squad Constable MANDRUSIAK had been assigned to. As Constable
MANDRUSIAK was elsewhere assigned, he left his file for further
investigations. I reviewed Constable MANDRUSIAK's file. I personally
met with Mr. MAHAMAD. It was evident the file involved indepth
investigations of a variety of historical and ongoing issues
of concern. I believed the concerns expressed by Mr. MAHAMAD
and/or Ms. ADDOW, would be best addressed by a member of our
North Division Criminal Investigation Section. Therefore, the
investigative file was forwarded to Detective J. GLENA for continued
investigations. That under Edmonton Police Service file number
99-68906. I will express further information pertaining to that
file in subsequent paragraphs.
In the summer of 2000, Mr.
MAHAMAD contacted me to express his disapproval with the attendance
o" Constable (.'. WILLIAMS at his residence. Ms. ADDOW had
lodged a complaint with the Edmonton Police Service. The complaint
required, at the very least, preliminary investigations. Mr.
MAHAMAD had denied the allegations which concluded that matter.
That investigation was recorded under Edmonton Police Service
file number 00-46471. I will also deal further with that file
in subsequent paragraphs.
As noted, Mr. MAHAMAD was very
displeased with the actions of our police service. We had lengthy
discussions regarding both investigations. Mr. MAHAMAD and I
reached an agreement that I would review all investigations undertaken
by the E.P.S., all court orders, and any other information that
had been presented to our police service. We further agreed I
would compile an investigative report covering all aspects of
my review, and forward that report to the office of Alberta Justice
Crown Prosecutors' office for review and recommendation of charges.
Mr. MAHAMAD was, as noted, in agreement with this proposal. My
investigative review was completed and recorded under Edmonton
Police Service tile number 00-67720.
2
In summary, my investigative
review contained the following information. The relationship
between Mr. MAHAMAD (hereinafter referred to as MAHAMAD) and
Ms. ADDOW (hereinafter referred to as ADDOW) produced one child
named Miriam Susie MAHAMAD (1990 March 15). At that time, the
family had settled in eastern Canada. After the birth of Miriam
MAHAMAD, the family moved to Alberta. After a period of time,
it was apparent the relationship was suffering. The personal
relationship between ADDOW and MAHAMAD terminated, with MAHAMAD
moving and maintaining a residence in Edmonton. ADDOW moved to
Calgary with the child Miriam MAHAMAD.
In 1997, a
custody dispute began between the parents of Miriam. At that
time, Calgary Social Services entered into investigations of
allegations of assault perpetrated against Miriam, at the hands
of her mother. During the same period, ADDOW contacted the Calgary
Police Service and levied historical sexual assault allegations
against her ex-husband MAHAMAD, while they were cohabiting in
Edmonton.
I believe the
result of the Calgary Social Services investigation is known
to MAHAMAD, and he may feel comfortable in relaying the outcome.
Due to a breach of confidentiality, I am reluctant to release
the findings. However, as a result of that investigation, MAHAMAD
now became the primary caregiver of the daughter Miriam.
The Calgary
Police Service forwarded the sexual assault allegations levied
by ADDOW against MAHAMAD, to the Sex Crimes Unit of the Edmonton
Police Service. Reg. No. 520 Detective R. W. KITTLE of the Edmonton
Police Service, traveled to Calgary and conducted a videotaped
interview with ADDOW. At the completion of the interview, a brief
was prepared and forwarded to Alberta Justice for review and
recommendation of charges. On 1998 March 20, Detective KITTLE
received correspondence from Alberta Justice which detailed insufficient
evidence precluded the reasonable likelihood of a conviction.
Accordingly, no charges were laid against MAHAMAD. (Edmonton
Police Service file 97-23583 refers)
The custody
dispute continued in Family Court. On 1999 May 07, the custody
arguments were heard before Madam Justice SMITH. At that time,
Madam Justice SMITH ordered joint custody of Miriam MAHAMAD.
Several court orders formed part of the court ordered custody
agreement, one order being that "neither party may remove
the child from the Province of Alberta without the written consent
of the other party."
On 1999 June
27, the above order took effect. Miriam MAHAMAD was delivered
back to Calgary to live with her mother, ADDOW.
On 1999 July
08, MAHAMAD attempted to telephone his daughter Miriam at the
Calgary residence of ADDOW. MAHAMAD was informed via recorded
message; the telephone number was no longer in service. MAHAMAD
contacted the Calgary Police Service, whom dispatched investigators
to the residence of ADDOW. The residence was found abandoned.
MAHAMAD became fearful that ADDOW would flee Canada with his
daughter Miriam MAHAMAD
At that time, MAHAMAD lodged
a complaint with the Edmonton Police Service, levying allegations
of Parental Abduction against ADDOW. On 1999 July 08, Constable
MANDRUSIAK of the Edmonton Police Service began investigations
into the allegations levied by MAHAMAD.
3
Through unnamed sources, MAHAMAD
learned that ADDOW and the daughter Miriam were in Vancouver,
British Columbia. When confronted with a breach of the court
order, ADDOW indicated that she in fact was in adherence to the
custody agreement, as she had written permission from MAHAMAD
to remove the daughter Miriam from Alberta. Based on the statement
provided by ADDOW, MAHAMAD was interviewed by Constable MANDRUSIAK
and confronted as to Public Mischief charges regarding the false
complaint of Parental Abduction he lodged against ADDOW.
MAHAMAD adamantly denied providing
any such consent letter to ADDOW. Constable MANDRUSIAK continued
his investigations to obtain the alleged original letter from
ADDOW. Difficulties with the cooperation of ADDOW led MAHAMAD
to obtain a court order dated 1999 July 23, which compelled ADDOW
to produce the original consent letter.
Upon producing the alleged
original consent letter, Constable MANDRUSIAK submitted the consent
letter for forensic examination. The forensic examination revealed
two fingerprints, however neither fingerprint belonged to MAHAMAD.
This eliminated MAHAMAD from any knowledge and/or provable involvement
in authoring the alleged original consent letter.
Due to Constable MANDRUSIAK's
departure from patrol, the file was re-assigned to Detective
J. GLENA of the Edmonton Police Service - North Division Criminal
Investigation Section in the September 1999. Detective GLENA,
in the course of his continuing investigations, met with Madam
Justice Smith to review in detail, the original consent
letter. It was agreed, the letter was fraudulently manufactured,
i.e.: signatures forged and/or copied and pasted using computer
technology. Notwithstanding the views and observations of Justice
SMITH and Detective GLENA, it was further deemed unlikely to
identify the author of the original consent letter, and therefore
a reasonable likelihood of prosecution was not achievable. No
charges were laid against ADDOW relative to producing the purported
false document.
Detective GLENA advised MAHAMAD
of the final disposition of the investigation. According to Detective
GLENA's notes, MAHAMAD was not pleased with the outcome.
On 2000 May
04,. ADDOW contacted the Edmonton Police Service to lodge an
Utter Threats allegation against MAHAMAD. Reg. No. 2171 Constable
C. WILLIAMS from West Division attended the residence of ADDOW.
During the course of Constable WILLIAMS interview with the complainant,
ADDOW apparently admitted that she falsely lodged-the 1997 sexual
assault complaint 'against MAHAMAD in efforts to regain custody
of her children. ADDOW further explained on 1999 November 03,
MAHAMAD threatened to "kill her". ADDOW did not report
that alleged "threat" to police. ADDOW further reported
that she received a telephone call from MAHAMAD on 2000 April
30 at 0335 hours, at which time MAHAMAD stated "he will
do to her what he promised to her before". The two reported
"threats" were the subject matter of Constable WILLIAM'S'
investigation.
Constable WILLIAMS determined
the alleged "threats" spoken by MAHAMAD were historical
in nature and/or very veiled threats and therefore, believed
insufficient evidence was available to lay any criminal charges
against him. (EPS report 00-46471 refers)
Shortly after Constable WILLIAMS'
investigation, I received a telephone call from MAHAMAD. Mr.
MAHAMAD was furious that police attended his residence on the
basis of a complaint lodged by his ex-wife ADDOW. I explained
that police were required to make at least preliminary inquiries,
regarding any and/or all allegations, otherwise face possible
disciplinary sanctions. MAHAMAD adamantly demanded that ADDOW
be charged with Public Mischief. I
4
explained my belief that a
Public Mischief charge would not reach success in court. I offered
the "civil" remedy for MAHAMAD to pursue, however MAHAMAD
responded that would require a lawyer and he had no money for
a one. MAHAMAD maintained his position that his ex-wife was using
the police to harass him. MAHAMAD demanded that the police no
longer entertain any allegations made by his wife. He requested
a "flag" be placed on her name, so other police members
whom do not know the history of the relationship., would simply
disregard any allegations lodged by ADDOW.
I then volunteered to prepare
a brief for the Crown Prosecutors office, include all information
available, and have them review the entire matter. The Crown
Prosecutors office from Alberta Justice would respond in written
form and then Mr. MAHAMAD would have a definitive answer to his
issues with his ex-wife. Mr. MAHAMAD was responsive to my suggestion
and agreed to give me a week to prepare the brief. Mr. MAHAMAD
further requested I advise him when I had completed the brief,
to enable him the opportunity to contact the Crown Prosecutors,
Office and consult with them staff in consideration of criminal
charges.
My completed investigative
review was forwarded to the Crown Prosecutors' office for review
and recommendations. As per our prior conversations, I notified
Mr. MA14AMAD of when that occurred. This enabled Mr. MAHAMAD
to converse directly with the Crown Prosecutors to fully express
his concerns. On July 17, 2000 I received correspondence from
Alberta Justice regarding their review and recommendations. Acting
Chief Crown Prosecutor Mr. W. R. STEPHEN stated: "Having
reviewed this material, it is our opinion that there is insufficient
evidence to lay a public mischief charge against Ms. Addow. Further,
none of the potential charges against either of these two parties
should be re-visited and laid. "
Again, in keeping with our
agreement, I called Mr. MAHAMAD and informed him of the final
disposition. I further authored correspondence to Mr. MAHAMAD
clearly identifying the author of the letter from Alberta Justice,
the final disposition reached by Alberta Justice, and that the
Edmonton Police Service would not be conducting further investigations
into these matters.
Upon reviewing Mr. MAHAMAD's
correspondence attached to your letter, I have not identified
any new issues of concern. Both referenced file numbers, 99-68906
and 00-46471, were thoroughly reviewed and formed an integral
part of my investigative review which was
forwarded to Alberta Justice.
However, your correspondence
clearly indicates Mr. MAHAMAD ha s further evidence in support
of his concerns that he would like to present to your investigator.
" Should Mr. MAHAMAD in fact have some evidence that has
not been expressed to police, I would request
he provide such information to me.
Therefore, in efforts to fully
address any outstanding issues, I am requesting Mr. MAHAMAD provide
the further evidence to me in the written text before December
31, 2000. Should no further information be presented, my concluding
report containing all aforementioned information, will be presented
to the Chief of Police for review and final disposition. You
would then be appraised of the final disposition by way of correspondence,
and your avenue of appeal.
Sincerely,
Sgt-. R.A. (Randy) SCHREINER
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Truth can never be
told so as to be understood, and not be believ'd. William Blake, The Proverbs of Hell
