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previous< < < 1 | 2
| Kevin Tokarchuk killed: police
failed to warn him | Pushing
to get a hearing | also going on: Ipperwash
inquiry into the shooting or Dudley George | upcoming: David Milgaard Inquiry
| Stalled? Many questions
persist around James Driskell | Danny
Tokarchuk trial | Ewatski 2005
| Tom Sophonow
Monique
Turenne's father writes to LERA in 2002: result? Ignored
- Terry
Arnold found dead - March 2005
-
 New and Explosive: The Mikolajewski
Report (pdf file) exposes the shoddy work done on the Barbara
Stoppel murder investigation and how Jack Ewatski helped block
a proper re-investiagtion to protect a retired inspector and
the secrets a warranted search of his premises would reveal
Winnipeg Police
Winnipeg Free Press Editorial
- Watchdog reports
Friday, October 22nd, 2004
THE number of people willing
to complain to the Law Enforcement Review Agency about perceived
police misconduct or abuse of power increased in 2003, for the
third consecutive year. This may indicate that people have some
faith in the independent agency that their perceived maltreatment
will be taken seriously, which is a good thing. The agency also
reported in its annual report, released yesterday, that it dramatically
reduced the time to conclude its review of those complaints that
proceeded through to formal investigation.
In fact, the 421 complaints
made to LERA in 2003 was the highest recorded, according to the
agency, as were the 250 complaints that proceeded to full investigation.
The remaining 171 grievances were dismissed as frivolous, due
to lack of evidence, or because complainants chose not to proceed.
Further review of the statistics, indicate LERA continues to
struggle to handle the demands on it. LERA investigators reduced
by three months the average time it took to conclude investigations
-- down to nine months, compared to the 12-month average in 2003,
and an 11-month average over five years -- but completed fewer
investigations than in 2002. There is no explanation for this
in the annual report.
Manitoba's police watchdog
has come through some trying years that tested the faith in those
who sought the assistance of an objective arbiter when police
conduct seemed abusive. Lengthy delays in investigations and
a test considered too tough to meet to prove grievances threatened
the integrity of LERA. The original, criminal test -- beyond
reasonable doubt -- was slackened in 1991 and judges were permitted
to determine misconduct based on a standard of "clear and
convincing evidence," which judges have said infers the
civil test of the balance of probabilities. As in previous years,
last year a tiny number of cases proceeded to a judicial hearing.
A description of some indicates that a number of complainants
withdrew their cases before the hearing was held.
LERA hears from hundreds of
citizens who believe police overstepped their powers in contact
with them, yet in 40 per cent of the cases closed in 2003, complainants
themselves chose to withdraw or abandoned their grievances. Lera
doesn't compile demographic data about complainants, which could
be useful to aboriginal advocacy groups which have alleged natives
are often the target of police brutality. Further analysis of
the agency's statistics might shed more light on those accusations.
© 2004 Winnipeg Free Press.
All Rights Reserved.
Number
of complaints filed against police higher than last year
Nov 7 2003
MORE Manitobans filed complaints
against police than ever last year.
The Law Enforcement Review
Agency (LERA) annual report released yesterday said there were
227 formal complaints against police services in the province
compared to 225 in 2001. Most complaints -- 86 per cent -- were
registered against the largest municipal police force in the
province, the Winnipeg Police Service. Complaints were also filed
against the Dakota Ojibway Police Service, the Brandon Police
Service and one complaint was filed against the RM of Victoria
Beach Police Service. The 10 remaining municipal services had
no complaints registered against their members. LERA is an independent
agency that investigates public complaints about municipal police
forces. It does not investigate criminal matters, but focuses
on complaints arising from the way officers perform their duties.
'Resolution sought'
"When someone feels they
have been unjustly treated by the police -- that police misconduct
has occurred -- the complaint process established under The Law
Enforcement Review Act allows for the incident to be investigated
and a resolution sought," said George Wright, LERA Commissioner.
The number of new investigations,
combined with ongoing files, meant the agency worked on a total
of 430 investigations in 2002, compared to 436 in 2001. The number
of investigations completed last year increased to 235 from 212
in 2001. Cases can be resolved through an informal process. Where
an informal resolution is not possible and enough evidence exists
supporting the complaint, the matter can be referred to a provincial
judge for disposition at a public hearing. Twelve complaints
were referred for a hearing last year.
Most complaints alleged abuse
of authority. Others involved arrest without reasonable or probable
grounds, using unnecessary or excessive force, using oppressive
or abusive conduct or language, and being discourteous or uncivil.
© 2003 Winnipeg Free
Press. All Rights Reserved.
 Chief's
office facing review: Ewatski slams report on meddling
Friday, October 25th, 2002,
By Bruce Owen, Winnipeg Free Press
Police Chief Jack Ewatski yesterday
found himself the centre of a row over whether a senior officer
personally meddled in cases of police officers accused of crimes.
Deputy justice minister Bruce
MacFarlane has called for an independent review of the report
containing the allegations.
But Ewatski said at a news
conference yesterday that the whole dispute was nothing more
than an internal clash over how the police should deal with bad
officers. "My personal reaction was of . . . disappointment
in the manner in which these issues were brought forward,"
Ewatski said.
"Many times decisions
are made that impact on investigations and they sometimes are
disagreed with by some people and usually they do not have all
the information, all the facts."
The report was not released
publicly, and neither Ewatski nor MacFarlane would provide details.
The author of the report that
raised the allegations, professional standards unit Det. Sgt.
Andy Mikolajewski, could not be reached for comment.
Police spokesman Const. Bob
Johnson said Mikolajewski was acting on his own and not in his
capacity as a member of internal affairs. Sources say the report
alleges Insp. Bob Hall, head of the professional standards unit
(PSU) and Ewatski's executive assistant, authorized criminal
charges against several police officers with inadequate evidence
of criminal wrongdoing.
Sources said Mikolajewski began
his report about six weeks ago, shortly after half a dozen cases
against city police officers collapsed in court.
MacFarlane said yesterday a
retired judge will be asked to recommend whether the matter should
be referred to a different police agency for further investigation.
"We need an independent
review," MacFarlane said. "I'm not prepared to say
there is any criminality demonstrated in the report yet.
"The question we have
posed (to the outsider investigator) is: 'Is there sufficient
basis to refer this to an outside police agency for criminal
investigation?' "
Sources say the issue may be
resolved by the creation of a provincial special investigative
unit that reports to a civilian police commission -- not police
brass.
Copies of the report have been
sent to Gail Stephens, the city's chief administrative officer
and Ewatski's boss. A copy has also been forwarded to George
Wright, head of the province's Law Enforcement Review Agency.
Sources said Mikolajewski alleges
the PSU treated officers under investigation differently, depending
on their rank; more senior officers got preferential treatment.
In the report, Mikolajewski
is also critical of the re-investigation of the 1981 murder of
Barbara Stoppel, sources said.
That re-investigation, in which
Mikolajewski was personally involved, exonerated Thomas Sophonow
for the murder and identified Terry Arnold as a possible suspect.
Sources said Mikolajewski's report is critical that the involvement
of senior officers may have jeopardized charges against Arnold.
As of Monday, Ewatski transferred
Hall out of the PSU to command duties in District 6. Mikolajewski
has been transferred to District 2.
Addressing the media yesterday,
Ewatski seemed genuinely upset that Mikolajewski took the extraordinary
step of submitting the damning report.
"But my personal feelings
do not matter," he said.
What does matter, Ewatski said,
is showing the public and police rank and file that the force
is above reproach, especially when it comes to investigating
and charging officers with criminal offences.
Ewatski also said he will not
step aside while the independent review of Mikolajewski's report
is ongoing.
Stephens said yesterday there
was no need for Ewatski -- who's entering the fifth and final
year of his contract -- to step aside while the report is being
reviewed.
She also said Ewatski has taken
the appropriate steps and that the provincially-led review is
the best course to see what recommendations will be made.
Last August, Winnipeg Police
Association president Loren Schinkel told the Free Press it appeared
someone was using the justice system to unfairly pick on police.
Six members of the police service
were either acquitted by judges or had their charges stayed by
the Crown last summer before the cases even got to trial.
The police union began looking
at whether officers were being unfairly targeted for frivolous
prosecutions, which put officers' careers on hold and crippled
morale on the force.
Schinkel said yesterday Mikolajewski
prepared his report separate and apart from the union's own probe,
but he said the WPA stands behind Mikolajewski, "110 per
cent," adding an officer is bound by law to report what
he believes is criminal behaviour.
The union was also critical
of private Winnipeg lawyer, Jannine LeMere, a former Crown attorney
who was often consulted for independent opinion on whether criminal
charges should be laid against officers. Mikolajewski, in his
report, was also critical of LeMere.
LeMere was unavailable for
comment yesterday.
bruce.owen@freepress.mb.ca--
With a file from Dan Lett
Officers involved in
recent cases: Recent cases involving Winnipeg police officers
in which charges were stayed or the officers were acquitted
Det.-Sgt. Ronald James Wauer
was charged with assault after a man claimed he was punched and
kneed while being interviewed at the District 5 police station
during a break-and-enter investigation. The Crown eventually
dropped the case, saying there was no likelihood of a conviction.
Const. Roger Penner was accused
of choking and punching a man while responding to a domestic
call. A judge, however, found that he acted appropriately in
dealing with the incident.
Const. Andrew James Tighe was
accused of assaulting three patrons outside the Palomino Club
in January of 2000 after the nightclub had closed for the night.
He was eventually cleared of charges of assault and assault causing
bodily harm.
Const. James Hay was charged
with assault causing bodily harm after a man wanted for murder
claimed he was beaten up during an arrest. The fugitive claimed
he was handcuffed, then thrown by Hay down a flight of stairs
in his home. Hay denied the claim and was cleared of the charge.
Const. Warren McCaskill was charged with assault causing bodily
harm following a lengthy internal police investigation. He was
accused of beating a 20-year-old man he pulled over in the south
end of the city during a traffic stop. The charge was later stayed.
Charges of assault against
Const. Don MacAuley in connection with an off-duty domestic incident
were stayed.
© 2002 Winnipeg Free
Press. All Rights Reserved.
Stoppel killing suspect
has no plans to return
By Kim Guttormson, Winnipeg
Free Press, April 1st, 2002
Terry Arnold, enjoying his
first taste of freedom in years, is not planning a return to
Manitoba, his lawyer says.
"Mr. Arnold has established
strong ties outside Manitoba, which makes any return to Manitoba
likely on a holiday basis only," his defence lawyer, Kevin
McCullough, said yesterday. He said he knows where his client
is headed and, while he won't name a location, McCullough said
it's not Manitoba.
Arnold, 39, is a suspect in
the 1981 murder of 16-year-old doughnut shop waitress Barbara
Stoppel.
In an interview with the Free
Press in 2000, he denied killing the teenager, whom he visited
in the hospital before she died from her injuries.
He had been in a B.C. jail
since 1997, when he confessed during a police sting operation
to raping and beating to death a teenage girl six years earlier.
He was convicted in 1999 and
sentenced to life in prison, but an appeal court overturned it
last year.
On Thursday, the Crown decided
not to retry Arnold for Christine Browne's murder and he was
released from the Victoria Remand Centre, with no notification
to police.
Thomas Sophonow spent four
years in jail for Stoppel's murder and, after protesting his
innocence for 20 years, was finally exonerated by Winnipeg Police
in 2000 and awarded $2.6 million in compensation after a judicial
inquiry. He has yet to get the compensation.
kim.guttormson@freepress.mb.ca
© 2002 Winnipeg Free
Press. All Rights Reserved.
Officer suspended,
chief faces battle: Takes 15-year veteran off the job without
pay
By Mike McIntyre, Winnipeg
Sun, Mar 20, 2002
A potential legal battle is
brewing over police Chief Jack Ewatski's unprecedented decision
to suspend without pay an officer accused of sexually assaulting
a woman while on duty.
The officer, 40, was taken
off the job last month after he was accused of assaulting the
35-year-old woman while taking a statement from her during a
domestic-related investigation in January.
Sources say the allegations
are that the officer fondled the woman during the interview in
her inner-city home and forced her to perform oral sex.
Ewatski suspended the officer
outright, rather than submitting the matter to a suspension hearing.
It's the first time the chief has chosen to remove an officer
from the payroll -- permitted under recent changes to internal
police regulations.
The officer, a 15-year-veteran,
strongly denies the allegations.
"To some extent, he has
been pre-judged. This truly is an unusual situation," said
Loren Schinkel, president of the Winnipeg Police Association.
Defence lawyer Richard Wolson said his client will plead not
guilty and fight the charges at trial. He is also weighing his
legal options with respect to his employment.
"I don't think this is
right. He has the right to be presumed innocent," said Wolson.
Ewatski defended his decision
yesterday, saying it is based on guidelines set out at three
previous arbitration hearings by officers who were suspended
without pay. Two of the three officers won their cases.
"This whole issue has
been somewhat controversial for several years," said Ewatski.
"I'm very cognizant of
the previous rulings and believe any time a suspension without
pay is invoked, it has to fit within those parameters."
The alleged sexual assault
victim first reported the incident to a friend, then went to
police several days later. Police launched a month-long investigation,
which resulted in the arrest of the veteran officer. Ewatski
used recent changes to internal police regulations that allowed
him to suspend the officer himself, rather than leave the decision
to a four-member panel.
The panel, which until 1999
heard the majority of cases involving officers, is composed of
two police executive members and two Winnipeg Police Association
representatives, with the chief breaking a tie, if necessary.
Keith LaBossiere, the lawyer
representing the Winnipeg Police Association, said yesterday
this case marks the first time a Winnipeg police officer has
been suspended without pay without first going through a hearing.
It's also one of only a handful
of cases where a Winnipeg officer has been suspended without
pay. Police regulations say the action should only be taken when
the charges are "so serious, so numerous or so connected
to the workplace," said LaBossiere.
Several provinces in Canada
have regulations that protect police officers from being suspended
without pay, but not Manitoba, he said.
The move reflects the serious
nature of the charge, and Ewatski's tough stance on officers
who flout the law, said LaBossiere. The suspended officer, who
was working in the north end prior to his suspension, is considering
filing a grievance, which would allow him to plead his case before
Ewatski and city administrators who oversee the police department,
he said. If they don't reinstate him, the matter would go to
an arbitrator to decide whether the officer should be put back
on the payroll, or back on the job, and awarded back pay for
lost wages, he said.
Under the Labour Relations
Act, the arbitrator must hear the case within two months of filing
a grievance. LaBossiere said a decision by the officer and the
Winnipeg Police Association is expected soon.
Recently, another city officer
was suspended with pay after being charged with possession of
child pornography.
Ewatski also made that decision
himself, but LaBossiere said the decision to suspend without
pay the officer charged with sexual assault likely relates to
the fact he was on duty during the alleged incident.
Other recent cases where officers
were suspended with pay include an officer charged with stealing
evidence, an officer who threatened to kill his wife and bury
her in cement and an officer charged with beating a man he arrested.
The alleged sexual assault
victim in the current case has spent several weeks in a mental
health facility since the incident, according to family and friends.
She has also hired a lawyer, Bruce Gammon, to represent her interests
during the legal proceedings against the officer. The officer
was released on a recognizance, and will make his first appearance
next month.
mike.mcintyre@freepress.mb.ca
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