Showing posts with label Thomas Braidwood. Show all posts
Showing posts with label Thomas Braidwood. Show all posts

Tuesday, 14 July 2009

first principles III

Up, Down.

I keep thinking that I will just stop this useless blathering ... it is clear that the country I grew up in exists no more ... or exists only as a parody, a daemonic parody I guess it would be ...

three of them this time ... Jonathan Edwards, Greg McCormick, & Ben Mitchell, no pictures of the last two yet ... later

Howard HydeHoward HydeHoward HydeHoward Hydewho are these thugs and goons and bullies and liars in our police forces? where were they brought up? who are their parents? who were their teachers? who are their masters?

when they get around to posting the video of the proceedings for Tuesday (when the events in the story below took place) it will likely be at Session 25.

Halifax Regional Police Constable Jonathan EdwardsHalifax Regional Police Constable Jonathan EdwardsHalifax Regional Police Constable Jonathan EdwardsHalifax Regional Police Constable Jonathan EdwardsNova Scotia Provincial Court Judge Anne Derrick"free to drink martinis and watch the sun rise ..."

there he sits in his black thug shirt, as handsome as Paul Newman, looking like the star quarterback on some home-town football team, with his expressionless face and his careful, "I don't recall ... I'm not sure ... I don't remember ..." and beside him the righteous little pea-hen Judge, all of them being so courteous and well-mannered and thankful to each other for small bureaucratic performances, and polite to a fault

while Howard Hyde either floats in the air or rots in the ground


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Appendices:
1. Officer mistaken about taser warning, inquiry hears, Oliver Moore, July 14 2009.
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Officer mistaken about taser warning, inquiry hears, Oliver Moore, July 14 2009.

Halifax Regional Police constable acknowledges that what he mentioned in his statement was not reflected in surveillance video from the scene

OLIVER MOORE

Halifax — Last updated on Tuesday, Jul. 14, 2009 11:40AM EDT

The police officer who arrested Howard Hyde testified Tuesday at a fatality inquiry that he had been mistaken when he said the mentally ill man was warned before being tasered.

Halifax Regional Police Constable Jonathan Edwards gave a statement to the RCMP on 25-November, 2007, three days after Mr. Hyde died in custody in a Dartmouth jail.

Inquiry into the death of Howard Hyde

In that statement, he described the booking room fracas that involved Mr. Hyde being tasered repeatedly by another officer and ended with the 45-year-old stopping breathing and having to be revived in a hallway.

Prompted by Kevin MacDonald, the lawyer for Mr. Hyde's sister and her husband, Constable Edwards acknowledged the warning mentioned in his statement was not reflected in surveillance video from the scene.

“I watched the video just before giving the statement. I don't know why I would have said that,” the officer said.

Mr. MacDonald suggested that Constable Edwards had been trying to establish a justification for the tasering, prompting an objection from a lawyer for the local police.

“The proposition is scandalous,” said Sandra MacPherson-Duncan. “There's no suggestion that this interview [with the RCMP] was probing justification for use of force.”

Provincial Court Judge Anne Derrick, who is presiding over the inquiry, allowed the line of questions to continue.

Asked again, Constable Edwards noted that the officers didn't have to give a warning and that he didn't have to justify his actions to the RCMP.



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Down.

Friday, 10 July 2009

first principles II: 'as if'

Up, Down.

Nova Scotia Judge Anne DerrickNova Scotia Judge Anne DerrickNova Scotia Judge Anne Derrickwell, the Globe has more balls than I thought, the article below includes a link and a clue to the video of Howard Hyde being tasered:

See the video shown to the inquiry (scan to the 43:45 mark in Session #19)

it would be 'less than intuitive' to be able to find this without the Globe's help, there are two videos for each day and they just go on and on and on ... death by boredom, all in the 'Honourable' Anne Derrick's plan no doubt and her verisimilitude of Justice

and just in case anybody gets any wise ideas, the maggots who run this enterprise have stated clearly at the outset that this 'Inquiry' will lay no blame, you can call them what you like, I call them maggots, but you can't say that they missed the point of Thomas Braidwood's Inquiry into the death of Robert Dziekanski eh? no more damned inconvenient videos floating around freely and no more damned inconvenient findings of misconduct, no!

I called this 'as if' because I have been re-reading
Charles Taylor's A secular Age and there is something here around his notion of 'Social Imaginary' - but to tell the truth I am getting tired of all of this, really tired, I can hardly be bothered ...

Howard Hydethree big fat cops cannot hold onto one guy in his underpants, in the hallway after they have Tasered him two (or three by my count) times, in any event 'into submission' and enough to render him unconscious, it takes ten of them to get him onto the stretcher

he was fine until they wanted to cut the string holding up his underpants ... doh!

our young 'officer' Jonathan Edwards, illustrious name, looks like a good fellow, doing his job, filling in the paperwork forms, but he gets vague when it is about conversations going on behind his back, let's say he is not venturing any opinions, 'just the facts' alright, but very unlike Dick Tracy and Sgt. Friday

elsewhere in the Globe today someone is going on about caring and compassion, so far I don't have the energy to archive it here ... Arthur Kleinman, Health care's missing care,

of course it would be entirely off-the-wall to say that the reason these cops treat people so badly is that they are fat & lazy & never learned Latin & Geometry? they are just 'regular people' and regular people in Canada these days treat each other badly ...

I have a window that looks out over a parking lot, there is a garbage strike, I heard glass breaking so I went to see, two boys of 8 or 9 had a bag of pop bottles which they were breaking on the concrete roadway for some reason, the parking lot was about full, there were at least half-a-dozen adults walking to and from their cars, these are upscale Toronto yuppies y'unnerstan, and no one said a word to the boys, ok, I didn't grab my clothes and put on my shoes and go out there either did I?

and if I did, where would I put the broken glass? since if I tried to insist that the boys pick it up and deal with it I would probably get Tasered for my trouble

I like to make women laugh, not by being a fool but by liking them (as I do) and the beautiful young brown girls from Somalia at the Tim's down the street now smile when they see me coming because they know I will say something to make them laugh, all good, now here's a question: are they beautiful because they laugh? is there some quality in their laughter which is distinct and possibly unusual in this country these days?


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Appendices:
1. Screams of tasered man fill Halifax court room, Oliver Moore, Friday July 10 2009.
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Screams of tasered man fill Halifax court room, Oliver Moore, Friday July 10 2009.

Inquiry gets first public viewing of the police surveillance videos from the night Howard Hyde died

OLIVER MOORE

Halifax — Terrified shrieks and the harsh crackle of electrical current filled a courtroom on Friday as surveillance video of the tasering of a paranoid schizophrenic was shown at an inquiry into his death.

The video shows Howard Hyde regaining his feet, clad only in the shorts in which he was arrested. Momentarily at bay, facing three officers in the booking room of Halifax police headquarters, he throws himself over a waist-high counter and vanishes into a hallway. The audio recording continues and captures what sounds like another application of the taser.

The Dartmouth man stopped breathing in that hallway and had to be revived. He died 30 hours later after a struggle with guards at a local jail.
See the video shown to the inquiry (scan to the 43:45 mark in Session #19))

The treatment of Mr. Hyde and his mental-health problems is the subject of an inquiry that began hearing witnesses this week. Friday was the first public viewing of the surveillance videos from inside the police headquarters.

Mr. Hyde's sister, Joanna Blair, kept her eyes fixed on the large screen in court as the images were played.

“It's very disturbing,” she said later. “Audio and visually, it's very disturbing.”

Mr. Hyde had been off his medication for weeks before his arrest in November, 2007. He had been acting increasingly erratic and was alleged to have assaulted his wife, who told police coming to her aid about his loosening grip on reality.

But Halifax Regional Police Constable Jonathan Edwards, who arrested Mr. Hyde, testified on Friday that his prisoner appeared calm and answered the questions he was asked.

Earlier testimony indicated that the altercation did not begin until an officer went to cut the drawstring of Mr. Hyde's shorts for safety reasons. For this he wanted to use a small device with a serrated blade, an item the police called a “utility tool” but which a lawyer for Mr. Hyde's relatives described as a “knife.”

The video does not show this part of the incident, but what it does show suggests that the booking up to that point had been routine.

It was after 2 a.m. on a Friday, clearly a slow moment in the booking room. One officer sits at his desk while another strolls through the frame carrying what appears to be a cup of coffee. The Randy Travis single Three Wooden Crosses , a song about death and redemption, plays in the background.

Voices off-camera are suddenly raised. The officer at the desk looks over and then rushes to assist as Mr. Hyde comes hurtling into the camera's field of vision, two officers trying to restrain him. About 14 seconds after the struggle moves into sight, an officer reaches for his taser.

It is not clear if Mr. Hyde, who told his wife he had been tasered before and feared it happening again, can see what is happening. But he is heard asking, “What are you doing?” Seconds later he is shrieking with pain.

Constable Edwards testified most of Friday, but the video was shown late enough in the day that he was asked little about what the inquiry had seen.

He had earlier said, though, that he was not aware his prisoner was mentally ill. He had been radioed information to that effect and he acknowledged in testimony that he had responded “10-4” to indicate that he had understood, but explained that he had not heard the whole message.

Constable Edwards insisted he would have done nothing differently had he known Mr. Hyde was mentally ill, off his medication and had been acting erratically. In any event, he testified, his prisoner had been lucid and reasonably co-operative.

The videos showing the lead-up to the altercation start with Mr. Hyde appearing controlled and contrite. He is heard saying that he is sorry and denying he assaulted his wife.

Moved to a holding cell, he begins to pace. For 15 minutes, he walks in tight circles. His wife testified on Tuesday that he would pace when off his medication and upset.



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Down.

Saturday, 20 June 2009

Braidwood Inquiry - the shit finally hits the fan.

Up, Down.

Stop the presses! At long last, the grand mucky-muck pooh-bah of the RCMP, William Elliott has spoken:
"The RCMP will not be making further comment on this issue."

Such arrogance may never be seen again from an RCMP Commissioner, until, that is, they can Taser you for speaking out. (but I am willing to bet that they will indeed have more to say, lots more, when they are finally forced to tell the truth :-)

William Elliott RCMPWilliam Elliott RCMPWilliam Elliott RCMPWilliam Elliott RCMP: His teeth, I've enacted, Shall all be extracted, By terrified amateurs. W. S. Gilbert, The Mikado
Cartoons from, and thanks to: Gaping Void & The Nonconformer, and the original Pooh-Bah from Gilbert & Sullivan's The Mikado.

PS: wait a minute here! what is needed is something to corroborate Dick Bent's email, it won't likely be another email BUT it might just be Paul Pritchard, check this out: The Braidwood Chronicles: the Pritchard factor on Dawg's Blawg.

you may be a business man of some high degree, they may call you Doctor, they may call you Chief, but you're gonna have to serve somebody, yes indeed, you're gonna have to serve somebody

in case you missed the story: Cops planned to Taser Dziekanski: RCMP memo / Inquiry adjourned until Sept. 22, complete with the text of the email, and, Federal government lawyer Helen Roberts' statement (aka, the Official Reply).

the only problem is that it may not be real enough shit ... they will all bail on Dick Bent - he's toast, he was "mistaken" or simply "wrong," and since what he says bears no resemblance to the rest of the lies they have been telling ... maybe it will wash ...

I am wondering why they let it out? (it was the RCMP who informed their Lawyer, Helen Roberts about the 'oversight') the obvious motivation is that they were afraid that it might leak out later so they tried to steal their own thunder so to speak, but why would they think it would necessarily leak out? unless they know or they guess that there is someone in the inside who is about to blow the whistle? maybe even more than one? man, if 50 of 'em did it we could put them back on the fifty dollar bill eh?


Just when you thought the reputation of our national police force couldn't sink any lower comes news of the existence of an internal RCMP e-mail that contradicts the sworn testimony of the four Mounties involved in the fatal confrontation with Mr. Dziekanski.

        Gary Mason, Globe and Mail, Saturday June 20 2009.

who ARE these people?
where did they come from?
what country do they live in?


Richard C. (Dick) Bent is a prairie boy who moved to the big cities (see bio below), remember that it was Bent who tried to whack Mike Webster's pee-pee when Mike stepped out of line (in the RCMP's and in Bent's own estimation) but Mike Webster would not be cowed;

Al Macintyre, aka Alastair Donald Macintyre, I don't know about - a 35 year man according to the Braidwood transcripts, still looking for something more detailed, he was definitely on-side for the killing of Ian Bush, you can see him on one of the pictures holding up pictures of Paul Koester:
Dick Bent RCMPDick Bent RCMPDick Bent RCMPDick Bent RCMPAl MacIntyre RCMPAl MacIntyre RCMPAl MacIntyre RCMPAl MacIntyre RCMP
Wayne Rideout also don't know anything yet except what he looks like:
Wayne Rideout, Al MacIntyre RCMPWayne Rideout RCMPWayne Rideout RCMPWayne Rideout RCMPWayne Rideout RCMPWayne Rideout RCMPWayne Rideout RCMPWayne Rideout RCMP
and another Little Bo Peep, Helen Roberts, a lawyer, a woman moved to tears by something, I wonder moved by what? because she was caught out? because she would rather be on the other side? who can say? from her statement below, we can see that she is resourceful and competent, at least the second time around she is, trying to make a plausible argument and more-or-less succeeding ... except of course that it is all bullshit lawyer's talk & bafflegab:
Helen Roberts RCMPHelen Roberts RCMPHelen Roberts RCMPHelen Roberts RCMPHelen Roberts RCMPHelen Roberts RCMPHelen Roberts RCMPHelen Roberts RCMP





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Appendices:
1. Commission and public deserve an explanation, Gary Mason, Saturday June 20 2009.
2. 2008 Bio of Dick Bent, The Society for the Policing of Cyberspace (POLCYB).
3. Federal government lawyer Helen Roberts' statement, June 19, 2009.
4. Cops planned to Taser Dziekanski: RCMP memo, Neal Hall, June 19, 2009.
5. William Elliott's statement on the Braidwood inquiry, June 19, 2009.
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Note: This article is not in the regular Globe website for some reason, so I had to lift it from the Globe Plus site where they post pdfs (ugh!) of every page.

Commission and public deserve an explanation, Gary Mason, Saturday June 20 2009.

The death of Polish immigrant Robert Dziekanski is threatening to engulf the RCMP in one of the biggest scandals in its history.

Just when you thought the reputation of our national police force couldn't sink any lower comes news of the existence of an internal RCMP e-mail that contradicts the sworn testimony of the four Mounties involved in the fatal confrontation with Mr. Dziekanski.

Federal government lawyer Helen Roberts, representing the RCMP, seemed unable to explain why the November, 2007, e-mail surfaced only now, as lawyers involved in the inquiry were set to begin their final submissions. Ms. Roberts cried as she apologized for the oversight.

Meantime, former judge Thomas Braidwood, who is heading the inquiry, fumed. He was appalled by the omission and he should have been. The e-mail's existence, and the provocative and potentially explosive claim it contained, temporarily threw the inquiry into chaos.

So what to do?

It looks like the four officers will be called back to explain on the stand the discrepancy in their testimony, delaying a final commission report, possibly for months.

All four officers had testified that they had no plan as they headed towards the airport to respond to a call of a distressed male behaving violently. The officers said they had decided to taser Mr. Dziekanski only after deciding that the travel-weary, unarmed man posed a threat to their personal safety.

But in a Nov. 5, 2007, e-mail from Chief Superintendent Dick Bent, a senior member of the force, to his superior, RCMP Assistant Commissioner Al Macintyre, a different picture emerges.

Chief Supt. Bent wrote that, in a conversation with Superintendent Wayne Rideout, the officer in charge of the investigation into Mr. Dziekanski's death, it was revealed that the four officers "had discussed the response en route and decided that if he [the distressed man] did not comply that they would go to CEW [conducted energy weapon]."

In other words, they had decided early on to use the taser.

Their actions were premeditated.

Lawyers representing the four officers said yesterday that Chief Supt. Bent got it wrong. The officers insist no such conversation occurred.

And we're supposed to believe them.

The same officers who told RMCP investigators immediately after the incident that they had tasered Mr. Dziekanski only twice, when video evidence would later show it was five times. Who said Mr. Dziekanski was putting up a fight when they decided to taser him successive times, when the video showed the poor man writhing in pain, fighting for his life after he was zapped the first time.

The same Mounties whose testimony provoked calls of a cover-up inside the force.

Supt. Rideout is also saying Chief Supt. Bent got it wrong.

And we're supposed to believe him.

The same Supt. Rideout who admitted on the stand that it was his decision not to correct wrong information the RCMP gave the public about the circumstances of Mr. Dziekanski's death because it might somehow compromise the "integrity of criminal investigation."

The same lead investigator who didn't think it might be a good idea to go back and re-interview the four officers after video surfaced that contradicted the almost-identical statements each offered to the RCMP about what happened. (Even though all four insisted they never talked among one another about what they might tell investigators.) Good lord.

Chief Supt. Bent is now saying he doesn't remember the conversation with Supt. Rideout. I guess not. And I guess we're supposed to just accept that. Pretend it never happened. Something that Chief Supt. Bent made up, I guess. What a disgrace. And you know, he'll get away with saying that too. He is a member in good standing of the old boys' club that runs the RCMP. He won't get thrown under the bus.

The contents of the memo aside, I'm dying to know why news of the e-mail didn't surface until yesterday. Helen Thomas, she of the tearful apology, couldn't say what happened. There was some explanation about it being on a CD-ROM that didn't get looked at. Such a key piece of information? Didn't alarms go off somewhere, maybe inside the RCMP, when the officers were saying one thing on the stand and an e-mail was floating around that said something entirely differently?

Why didn't someone step forward well before now and alert commission lawyers to the oversight?

Did someone think the e-mail could be kept secret? Did Ms. Thomas hand it over to commission counsel only because it was going to come out some other way?

What happened? Not only does the inquiry deserve an explanation but the public does too.

This is scary stuff.


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2008 Bio of Dick Bent, The Society for the Policing of Cyberspace (POLCYB).

Chief Superintendent Richard C. (Dick) Bent
Deputy Criminal Operations Officer -
Community, Contract and Aboriginal Policing Services
Royal Canadian Mounted Police “E” Division
Vancouver, British Columbia, Canada

Born in Saskatchewan, Dick Bent joined the RCMP in 1974. After completing basic training he was transferred to Alberta where he served in a variety of roles for twenty years.

After working in general duties and traffic roles in a number of detachments throughout Alberta, he was transferred to Division Headquarters in Edmonton where he worked in the Complaints and Internal Investigation Section and then Major Crimes as a Team Leader.

In 1993 Dick was transferred in charge of a Sub/Division General Investigation Section responsible for all serious crime investigations in the Peace River region of Alberta.

In 1994, he was promoted to the rank of Inspector in Nova Scotia where he worked in planning the 1995 G7 Summit in Halifax, in the Staffing and Personnel Section, and finally as the Officer In Charge of the Federal Policing Branch for the Province of Nova Scotia.

In 1997, he was transferred to the RCMP National Headquarters in Ottawa where he gained exposure in a number of areas including the Finance, Commissioner’s Secretariat, Criminal Intelligence, and Community, Contract and Aboriginal Policing Directorates. He then worked for two years in Executive/Officer Development and Resourcing.

In 2002, Dick was promoted to the rank of Chief Superintendent and transferred to the position of the Deputy Criminal Operations Officer in British Columbia responsible for all Federal Policing in the province.

In 2005, Dick assumed his current role as the Deputy Criminal Operations Officer in British Columbia responsible for Community, Contract and Aboriginal Policing in the province.


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Federal government lawyer Helen Roberts' statement, June 19, 2009.

Statement presented by counsel for the Government of Canada, Helen Roberts, to Justice Braidwood, commissioner of the Braidwood Commission of Inquiry:

You are likely now aware, Mr. Commissioner, as counsel for the participants are already aware, that Counsel for Canada mistakenly overlooked providing documents earlier in response to a request from Commission counsel for documents relating to the RCMP media strategy. Jan Brongers and I learned about the omission on Monday, advised Commission counsel of this on Tuesday and provided those documents to Commission counsel on a CD-ROM on Wednesday.

On behalf of the Government of Canada, I would like to sincerely apologize to you, Mr. Commissioner, to Commission counsel, to counsel for the participants, and to the participants themselves for the inconvenience. Canada continues, as it has all along, to fully support the work of this Commission.

I would like to add that both the CBSA and the RCMP have been fully cooperative in providing documents to us for disclosure purposes. In this, they have been guided by counsel. Any concerns about document production properly lie with counsel.

Among the documents that had been overlooked is an RCMP e-mail that we anticipated would be of interest to the Commission. That was an e-mail from C/Supt. Bent to Asst. Commr. Macintyre. The e-mail was provided separately to Commission counsel and to counsel for all of the participants on Tuesday. We did not locate any other e-mails that contained similar information.

It is the third paragraph of the e-mail that is of interest. C/Supt. Bent wrote: "Finally, spoke to Wayne and he indicated that the members did not articulate that they saw the symptoms of excited delirium, but instead had discussed the response en route and decided that if he did not comply that they would go to CEW."

Wayne is Supt. Rideout, who has already testified at this Inquiry. CEW is of course a conducted energy weapon or taser.

We have interviewed both C/Supt. Bent and Asst. Commr. Macintyre to find out their evidence about this e-mail. C/Supt. Bent has advised us as follows:

1. The e-mail was sent because Dep.Commr. Bass had asked whether the members had used the CEW because they believed Mr. Dziekanski was exhibiting signs of excited delirium. He understood the question was being asked because RCMP policy then suggested the use of CEWs to restrain persons exhibiting signs of excited delirium, so that restraint could be effected as quickly as possible and medical attention then sought.

2. He sent an e-mail to C/Supt. McGowan asking for a synopsis of the members' accounts, and "especially, why the CEW member went to taser right away".

3. He spoke to Supt. Rideout, who advised the members did not report observing signs of excited delirium.

4. His e-mail indicates that he understood Supt. Rideout to say that the members "had discussed the response en route and decided that if he did not comply that they would go to CEW".

5. He has no recollection of the conversation with Supt. Rideout at this time.

6. Given the flurry of activity at the time, it is entirely possible that he misunderstood what he was told.

7. He has checked other e-mails sent and received around the time, and has no other e-mails that shed any light on this.

8. He has no notes of the conversation with Supt. Rideout.

9. He did not receive any other information suggesting the members had formulated a plan to use the CEW prior to arriving at the airport.

Asst. Commr. Macintyre has advised as follows:

1. The question originated with Dep. Commr. Bass. He passed on the question to C/Supt. McGowan and copied others, including C/Supt. Bent.

2. He received the e-mail from C/Supt. Bent.

3. He received no other information suggesting that the members discussed the response en route and had a plan.

4. He did not respond to C/Supt. Bent's e-mail.

Supt. Rideout was also interviewed and I understand Mr. Pringle will speak to Supt. Rideout's recollection.

As you are aware, the four members who attended the airport all testified that they did not formulate a plan prior to their encounter with Mr. Dziekanski. Indeed they were criticized for not formulating a plan. The only thing that was said was Cst. Bentley's question as to whether any of the officers was carrying a taser and Cst. Millington's response.

The IHIT file has been searched, and there is no evidence that the members formulated a plan to use the taser prior to the encounter with Mr. Dziekanski.

It is our conclusion from these interviews that C/Supt. Bent misunderstood information provided by Supt. Rideout.

However, if you wish to hear from C/Supt. Bent and/or Asst. Commr. Macintyre, we have asked them to stand by so as not to delay the Inquiry. They are available to attend the Inquiry to testify about the e-mail on 10 minutes' notice. They will however not be able to testify today about other matters without an opportunity to prepare and consult counsel.

Once Canada submitted an application for, and was granted, participant status, Canada provided RCMP documents to Commission counsel. It shared the Reports to Crown Counsel and the evidence generated by the IHIT investigation, including statements, photographs, videotapes, experts' reports and records seized from other agencies. It was my understanding — and this has been fortified by your comments during the Inquiry - that it is not part of your mandate to examine the IHIT investigation itself. For that reason, documents generated by the IHIT investigators during the course of the investigation, such as e-mails, task reports and notebook entries, were not shared — except in the case of Cst. Hoivik, where Commission counsel expressly requested his notes, and these were produced as they were relevant to his evidence about the seizure of exhibits and his sketch of the scene.

In addition to the evidence generated by the IHIT investigation, Commission counsel requested, and were provided with, the media advisories prepared by Sgt. Lemaitre and Cpl. Carr, the notes made by Cpl. Carr, and the notes and e-mails of Supt. Rideout. It was by oversight that they were not provided earlier with the other RCMP media strategy documents.

It is our understanding that we have now provided the Commission with all of the CBSA and RCMP documents that are relevant to your mandate. That being said, we welcome hearing from Commission counsel if you feel there are other kinds of documents that would be of assistance to you in preparing your report. Canada is now and has always been fully supportive of the Inquiry and will do its utmost to assist you.

Thank you.


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Cops planned to Taser Dziekanski: RCMP memo, Neal Hall, June 19, 2009.

Inquiry adjourned until Sept. 22

VANCOUVER — An e-mail found last week that sheds light on possible misconduct by senior RCMP officers has thrown the Braidwood inquiry into the death of Polish immigrant Robert Dziekanski into disarray.

The e-mail, sent by RCMP Chief Supt. Dick Bent to RCMP deputy commissioner Al Macintyre, suggests for the first time that the four Mounties who responded to a call at the Vancouver International Airport planned to use a Taser against Dziekanski — contrary to what they testified during the inquiry.

Dziekanski, 40, died after being hit five times with a Taser by RCMP officers in October 2007.

The e-mail, dated Nov. 5, 2007, said: "Finally, spoke to Wayne (Rideout) and he indicated that the members did not articulate that they saw the symptoms of excited delirium, but instead had discussed the response en route and decided that if he did not comply that they would go to CEW (conducted energy weapon).

"He has asked investigators for a synopsis and should have it by noon tomorrow."

Supt. Rideout is the former commanding officer in charge of investigating Dziekanski's death.

Lawyer Helen Roberts, who represents the RCMP, broke into tears as she told retired judge Thomas Braidwood, who is heading the inquiry, that her office received the e-mail in late April but never opened the CD for the document files until last week.

"I do say, it was by oversight that this occurred," she said. "Canada continues, as it has all along, to fully support the work of this commission."

Roberts said Bent was mistaken in his e-mail and that the officers did not formulate a plan to use the Taser as soon as possible.

"As a result of (our office's discovery) of this e-mail . . . the IHIT (Integrated Homicide Investigation Team) file has been searched and there is no evidence in the IHIT file that the members formulated a plan to use the Taser prior to the encounter with Mr. Dziekanski," Roberts said.

"It is our conclusion from these interviews that Chief Supt. Bent must have misunderstood information provided to him by Supt. Rideout."

The lawyers for the four RCMP officers said their clients deny they formulated a plan to Taser Dziekanski.

RCMP Commissioner William Elliott echoed Robert's statement that the e-mail was not released to the inquiry due to an "oversight." "Unfortunately in an exercise of this magnitude, such an oversight can occur," Elliott said in a news release Friday. He said the RCMP will "continue to co-operate fully with the inquiry."

Braidwood decided the e-mail will require new testimony, so he adjourned the inquiry until Sept. 22.

"I find the delay in disclosing this material to the commission to be appalling," he said.

Commission counsel Art Vertlieb said the late disclosure of the e-mail as evidence had resulted in a "complete disruption of the process."

"It's a stunning turn of events," Don Rosenbloom, the lawyer representing the government of Poland at the inquiry, told reporters after the commissioner ordered the adjournment.

"The documents that have just come to our attention include a critical e-mail from very high up in the RCMP chain of command, disclosing that the officers decided in a premeditated way, 'en route' to the scene, to use the Taser if Mr. Dziekanski did not comply."

Rosenbloom said the 11th-hour disclosure "is totally inconsistent with testimony given under oath." He added the e-mail goes to the heart of the issue of police fabrication. During the hearing, he said, "We were alleging they (the four Mounties involved in the airport incident) were fabricating their story."

The inquiry was supposed to have ended its public hearings on Friday.

Dziekanski, who did not speak English, had been travelling for more than 24 hours when he died. He had been in the airport for more than nine hours, looking for his mother.

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This is the transcript, in its entirety, of the e-mail that was read out at the Braidwood inquiry June 19, and which led to an adjournment until September.

E-mail sent Nov. 5, 2007
From: Dick (Richard) Bent — 'Media Strategy — Release of the YVR Video'
To: Al Macintyre

Al, spoke with Wayne Rideout today about our strategy for the release of the video. He had a couple of concerns.

First, he didn't think we should be providing any explanation for what was transpiring but instead just say the inquest will take evidence under oath, etc. I went through the rationale and said we need to have an explanation otherwise our detractors will put their own spin.

Second, as we're going to have someone speak to this, he suggest that it should be someone other than (RCMP spokesman Cpl.) Dale Carr otherwise we may lose the perception of independence. He would rather have someone separate from IHIT (Integrated Homicide Investigation Team) do this. We both think a use of force expert would be ideal. Gregg Gillis has not been involved in this investigation so is independent. I suggest we have Gregg do the narrative of what is happening.

Finally, spoke to Wayne and he indicated that the members did not articulate that they saw the symptoms of excited delirium, but instead had discussed the response en route and decided that if he did not comply that they go to CEW (Conducted Energy Weapon commonly known as Taser). He had asked investigators for a synopsis and should have it by noon tomorrow.

(Signed) Dick


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William Elliott's statement on the Braidwood inquiry, June 19, 2009.

B.C. - RCMP Commissioner makes statement about Braidwood Inquiry

The Commissioner of the RCMP, William Elliott, wishes to make the following statement regarding today's events at the Braidwood Inquiry:

- From the outset, the RCMP has cooperated fully and participated fully in the Inquiry.

- We have produced thousands of documents to our legal counsel for their review and for them to transmit all relevant material to the Commission.

- Commissioner Braidwood was informed that a specific document was not provided and he himself accepted the Government of Canada's sincere apologies for this oversight.

- This was simply an oversight. Unfortunately in an exercise of this magnitude, such an oversight can occur.

- It was the RCMP, working with our legal counsel, who brought this oversight and this document to the attention of the Commission.

- The Commission indicates that it will thoroughly look into the matter, including into the relevance, if any, of the specific document, about which there are significant questions.

- The RCMP is as disappointed as all of the parties involved in this inquiry that there will be a delay in the completion of the Inquiry as a result of this unfortunate development.

- We will continue to cooperate fully with the Inquiry. The RCMP wants all of the facts surrounding this tragic event to be known so that we can learn as much as possible and make any further required changes to the RCMP's policies and practices.

The RCMP will not be making further comment on this issue.



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Down.

Friday, 19 June 2009

Braidwood Inquiry - every trick in the book

Up, Down.

can you imagine how desperate the RCMP liars and coverup artists must be? they have pulled out all the stops, now it is Geoff Plant, a former B.C. Attorney general (with a known predisposition against public inquiries under any circumstances) who is coming out of the woodwork with what is apparently sober and sage brotherly advice for Thomas Braidwood

Plant must have been second string, they must have tried Wally Oppal first, I guess he has more gumption than I thought and refused


Former Attorney General of B.C. Geoff PlantFormer Attorney General of B.C. Geoff PlantFormer Attorney General of B.C. Geoff PlantFormer Attorney General of B.C. Geoff Plant
"An inquiry report has no legal consequences, but it's an incredibly powerful political document. The risk of public inquiries is that they will destroy people's reputations without adequate protection."

        Former Attorney General of B.C. Geoff Plant.

this is not over yet, the new AG and Government House Leader is Mike de Jong, MLA for Abbotsford-Mount Lehman, aka Minister of Aboriginal Relations and Reconciliation, aka Minister of Labour and Citizen Services, aka Minister of Forests ... a lawyer ... gets around

so, I wonder what he will do about it all?

Will he play it straight and cuff the baaaaad Mounties?
or
Will he sit on Thomas Braidwood's report hoping that it will all go away?
Will he cave in to pressure from the lying RCMP and their cowardly lackeys?
Will Stephen Harper & Peter Van Loan call him up and tell him to stfu?

We will just have to wait and see eh?


Attorney General of B.C. Mike de JongAttorney General of B.C. Mike de JongAttorney General of B.C. Mike de JongAttorney General of B.C. Mike de JongAttorney General of B.C. Mike de Jong
Attorney General of B.C. Mike de JongAttorney General of B.C. Mike de JongAttorney General of B.C. Mike de JongAttorney General of B.C. Mike de JongAttorney General of B.C. Mike de Jong

Michael de Jong, election website, British Columbia Ministry of Attorney General, Mike de Jong, MLA website, Contact Mike.

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Appendices:
1. Former AG says Taser inquiries shouldn't find misconduct, CP, June 18 2009.
2. 'Misconduct' findings should be rarely used, former AG says, as Taser inquiry ends, CP, June 18 2009.

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Former AG says Taser inquiries shouldn't find misconduct, CP, June 18 2009.

VANCOUVER – Public inquiries like the one examining Robert Dziekanski's death at Vancouver's airport should rarely – if ever – make findings of misconduct, says a former B.C. attorney general.

The inquiry begins hearing final submissions on Friday and several lawyers will be asking the commissioner to assign blame against the officers who repeatedly stunned Dziekanski with a Taser on Oct 14, 2007.

The officers launched a court challenge to prevent Commissioner Thomas Braidwood from having the option of finding misconduct, but their case was rejected in B.C. Supreme Court earlier this week.

Vancouver lawyer Geoff Plant, who was attorney general in the province from 2001 to 2005, cautions that inquiries can ruin reputations and destroy careers without offering the same legal protections as formal trials.

"An inquiry report has no legal consequences, but it's an incredibly powerful political document," Plant said in an interview Thursday.

"The risk of public inquiries is that they will destroy people's reputations without adequate protection."

Witnesses can be compelled to testify at public inquiries – the RCMP officers involved in Dziekanski's death were subpoenaed – whereas people accused in criminal trials can refuse to give evidence against themselves.

The standards of evidence are also lower in a public inquiry than at a trial, a fact that Braidwood has noted several times during the lengthy hearings in Vancouver.

And while Braidwood has repeatedly noted throughout the proceedings that inquiries can't assign criminal or civil blame, whatever he concludes in his final report will have a profound effect on public opinion, said Plant.

"Ask anybody who's ever been the subject of a finding of misconduct in a highly publicized inquiry whether it was an important thing and I think you'll find they will say it was," he said.

"The people who may be on the receiving end of judge Braidwood's findings here may have their careers wrecked in circumstances where they have not had the same kind of opportunity to defend themselves as they would have had if it was any kind of legal proceeding."

Braidwood has warned the officers he will consider allegations made during the inquiry, namely that they acted improperly when they confronted Dziekanski and then lied to justify what happened. That doesn't necessarily mean he will reach those conclusions, but he is required to give notice if he wants the option left open.

The officers' unsuccessful court challenge focused on complex constitutional arguments about provincial jurisdiction over federal police officers, but their lawyers also argued that a public inquiry shouldn't be used in place of a criminal trial.

Crown prosecutors decided last year not to charge the officers.

"It's something that may affect someone's reputation," Ravi Hira, the lawyer for the officer who fired the Taser, said in an interview.

"What a commission is, it doesn't afford the same rights (as a trial)."

But without the option of formal charges, critics of the officers and the RCMP are looking to the inquiry to decide who is to blame for Dziekanski's death.

Findings of misconduct would mean "there is finally an acknowledgment of wrongdoing on somebody's part," Walter Kosteckyj, lawyer for Dziekanski's mother, said in a recent interview.

"Nobody accepts responsibility. I think there's grounds to find misconduct here."

Even without specific findings of misconduct, the inquiry appears to have already had an effect on the reputations of officers and the RCMP.

A survey for The Canadian Press conducted in March found that about a third of respondents said the affair has lowered their opinion of the national police force and coverage of the hearings has been replete with calls for prosecutors to reconsider charging the officers.

Plant, who didn't call a single public inquiry when he was attorney general and even scrapped one that was already in motion when he took office, said public inquiries themselves should be called only when absolutely necessary.

He said it's clear the Braidwood inquiry has important and relevant issues to consider, but he said in general they should be used sparingly, particularly considering the damage they can do to the people involved.

"I think we'll have to wait until this commission's report before we're going to be able to say whether the public interest was truly served," he said.

"Just having the inquiry is going to put people's reputations at the heart of the public spotlight. That's why you should commence them rarely."


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'Misconduct' findings should be rarely used, former AG says, as Taser inquiry ends, CP, June 18 2009.

VANCOUVER, B.C. — A former British Columbia attorney general says public inquiries like the one probing Robert Dziekanski's death should rarely, if ever, make findings of misconduct.

The inquiry begins hearing final submissions on Friday, and several lawyers will be asking the commissioner to assign blame against the officers who repeatedly stunned Dziekanski with a Taser.

The officers challenged Commissioner Thomas Braidwood's authority to make such findings, but their case was rejected by a B.C. Supreme Court judge earlier this week.

Vancouver lawyer Geoff Plant, who was B.C. attorney general from 2001 to 2005, says inquiries don't offer witnesses the same legal rights and protections as criminal or civil trials.

He says because witnesses can be compelled to testify in hearings where the standards of evidence are lower than in formal trials, commissioners should avoid alleging misconduct unless it's absolutely necessary.

Plant says even though findings of misconduct carry no legal weight, they can destroy reputations and ruin careers.

Lawyers for Dziekanski's mother and the Polish government have levelled several allegations against the officers and will be asking the commissioner to conclude the officers acted improperly the night they confronted Dziekanski at Vancouver's airport.



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Down.