Showing posts with label Andre Marin. Show all posts
Showing posts with label Andre Marin. Show all posts

Thursday, August 01, 2013

Wait. Police lawyers write up officers' notes for them?

From a partial transcript of Ontario Ombudsman and former Special Investigation Unit Director Andre Marin's interview on CBC yesterday regarding how systemic obstruction from the police will affect the Sammy Yatim investigation: 
"The director of the SIU has written 82 times to the Chief of Toronto Police, reporting issues of evidence tampering on the scene, failure to notify the SIU of an incident, one police lawyer representing multiple officers, police lawyers writing the notes for the officers - you know the police lawyer wasn't on scene."
Although Mr. Marin was talking about the Toronto Police, his remarks made me remember the Robert Dziekanski incident. 

The four RCMP officers in the 2007 police-slaying of Dziekanski are on trial for perjury because they all had nearly identical but absurdly inaccurate "notes", as Paul Pritchard's video eventually revealed. 
They all maintained that Dziekanski came at them screaming and brandishing a stapler, that they had to wrestle him to the ground, that to varying degrees they feared for their lives. 
At the Braidwood Inquiry, Justice Thomas Braidwood played Pritchard's video frame by frame as they read from their prepared notes to the accompaniment of muffled laughter from spectators in the courtroom.

So were those "notes" the RCMP's version of "one police lawyer representing multiple officers, police lawyers writing the notes for the officers" ?
Is that why they were so similar, so resolutely CYA, and yet so preposterously wrong?
I know the officers were specifically asked if they were "coached" for their testimony - a charge they have all denied -  but did anyone think to ask junior RCMP Constable Bill Bentley at his perjury trial last month if he had any input into the writing of his notes at all?
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Aug 3 Update - relates only to Ontario
Andre Marin : Police-Involved Deaths : The Need for Reform
"The SIU's practices around delayed officer interviews also served to undermine the regulatory requirement that witness officers be segregated to insulate their evidence from outside influence. Given that witness officers were usually permitted to leave an incident scene and that long periods went by before they were interviewed, the potential for conscious or unconscious tailoring of evidence was substantially increased. This risk was also compounded by the fact that many officers spoke with counsel before writing their notes and before speaking with the SIU, and quite often, the same counsel represented all officers involved in an incident, increasing the chance of contamination of their recollection of events, since lawyers are bound by the rules of professional conduct to share information among clients in a joint retainer situation."
Ontario Ombudsman 2012-2013 Annual Report 
In April 2013, the Supreme Court of Canada heard an appeal of an Ontario Court of Appeal case dealing with the issue of police association lawyers vetting officers’ notes before submitting them to SIU ... The Ontario court ruled in 2011 that officers cannot have a lawyer vet their notes. The Supreme Court’s decision is pending. ... 
Later on in the report he notes : 
" ... officers refuse to answer questions about whether they consulted with a lawyer before writing their notes"
In March 2013 at a speech at Carleton University, Andre Marin again called for legislation to bolster the SIU and "prohibit police lawyers representing multiple officers and interfering with notes."
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Ontario Ombudsman and former SIU Director on Sammy Yatim investigation

Yesterday on CBC Metro Morning, Ontario Ombudsman and former Director of the Special Investigations Unit Andre Marin spoke about the SIU investigation into the Toronto Police shooting death of 18 year old Sammy Yatim on an empty streetcar and the systemic lack of police co-operation with the SIU.
Excerpted transcript : 
CBC : The Chief of Police has said that he and his officers will cooperate fully with the SIU. Yesterday Mike McCormick the head of the police union said that his offices always cooperate and collaborate with the SIU.  
Marin : The cooperation of the police with an SIU investigation is the exception and not the norm. When you hear the police say we always cooperate, it rings hollow. We've done in-depth investigations, two reports. The director of the SIU has written 82 times to the Chief of Toronto Police, reporting issues of evidence tampering on the scene, failure to notify the SIU of an incident, one police lawyer representing multiple officers, police lawyers writing the notes for the officers - you know the police lawyer wasn't on scene. That's not co-operation and all these 82 letters haven't been answered. Last year - we reported in an annual report we released a few weeks ago - last year the director wrote 19 letters all of which have not been answered. 
CBC : Does the fact that this is an incredibly public investigation, in part because this incident was caught not just on one but on multiple videos, change that? 
Marin : I think there's a greater degree of question. As well the incident depicted raises issues. But you know if I recall correctly during the G20 SIU investigation, Chief Blair was on your show promoting the fiction that the videotape of Adam Nobody had been tampered with until the director of the SIU called his bluff. Now is that co-operation or is that undermining the investigation? And the worst part here is - I don't oversee the Toronto Police Service; I do oversee the SIU, I oversee the provincial government. Provincial government committed to strengthening the role of the SIU to make sure the evidence they get is untampered and it's obtained readily and early because SIU's conclusion will only be as good as the evidence that it's gathered. The province agreed to bring change but then from documents we found changed their mind because of "vehement police opposition". And that's a direct quote from the ministry's correspondence. So you know it's all great to see these commitments of 180 degree change in direction in co-operation with the SIU, but the police have to stop playing cat-and-mouse games and the SIU needs to be able to do its job independently and without distractions.  
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