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               Constable John McA1ister     in.    Ch.


 engaged in sexual misconduct on a four-year-oId boy?
               A. No, f'm not.
               O. And how.did you feel being accused of sexual
misconduct on a four-year-old boy?
               A. Well, the allegation v/as - vras baseless so f
wasn't so concerned about those allegations other than j-t
could impact my career if you know it became a true
investigation. It was just more a concern about this person
obsession with myself and my family based on the other email
and - and now making allegations of misconduct. It was it
h¡as just a concern that Mr.        had become obsessed with me
somehow.
               Q. I'11 return those exhibits. And as a result
of reading that last email, Exhibit Six, did you take qny
steps as a resutrt of. that email?
               A. It was the same conversation I had with my
my family just regarding their safety and being aware of
anyone fitting his description, watching them or - or      or
making contact with them.
              O. To your knowledge, \^¡ere you ever investigated
for sexual misconduct on - on a boy?
              A. No.
              O. During that interview with Officer Smith \^rere
you asked about whether you had engaged in any sexual
misconduct?
              A. I don/t remember being asked. I hras just
being advised that the service had received a series of email-s
from Mr.
              O. f hear beepj-ng, I just want to make sure   Madam
Reporter is okay
              MADAM COURT REPORTER:   Thank you.
              MS.           A. Other than emails, h/ere you made
                                1,4
                Constable John McAlister   Cr.   Ex.


 rat there's an army of men who ar.e keeping your residence
 :der surveillance for example?
               A. No.
               O. Okay. You mentioned he he had said in a
 revious email that he observed you and your family at the
 airview Mall. I want to make sure I'm not mj-squoting you.
 s that what you just said?
              A. Yes, that was one of the emails that Mr.
 ent.
              a. I'm going to suggest to you sir that nowhere
 n the email that you're making reference to is there any
 =nt.ion of your family.
              A. I recollected he said he observed me and my
amily at Faj-rview Mall.
              A. Perhaps - perhaps in fairness to the witness
)ur Honour h¡e could just put the - the Exhibit. to him. I
hink that's Exhibit Number Five.
              THE COURT: Take the Exhibit and hand it to him.
              MR.        : Permission to approach Your Honour?
              THE COURT: Yes , certai-n1y.
              MR.          O. Could you show me sir where in
rat document there's any reference made to any of your family
ambers   ?

               A. You're correct. Tn this emaiÌ it doesn't say
¡ecifically   the family, yeah.
               O. You can probably give that email back to the
Ierk
              A. Okay, thank you.
              O. I will do that. Not no reference to your
rmiJ,y in this email. Do you recal-l there being any reference
) your family in any of these emails, these four emails that
)u've discussed with my fríend?
                                 l6
                Constable John McAlister    Cr.   Ex.

  ras - there was significant   other and r - r think wrongly or
                   or - or or correctly that, s where I made the
   .nference that you know he's he's watching me and my family
   rnd r - r apologize if r misstated that in the email regarding
   'aj-rview MalI that I - that f - it,s probably just an
  .nference that I drew.
                  MR.       ; Q.,Okay.
                  A. Maybe because f only ever go to the mall with
  ly family.
                 A. Oh, f see.
                 A. If I- if I go to the mall-.
                 O. If you go to the mall and you told Detective
 imith that you hadn't been to the mar-r- on that particular
 late.
                 A. Yes, I did.
                 A. Okay and there is some mention of some
  'amilies i-n the March 8th email but that March Bth emai-l-
 rredates your contact with Mr.           correct?
                 A. Yes.
                 a. And it makes no reference to you j-n it
 'hat,soever. Correct?
                 A. They did not.
                 O. Okay. So that T'm'going to suggest to you
 robably didn't cause you much concern given that they had
othing t,o do with you whatsoever.
                A. Other than it just showed a a a perhaps
   mindset that was disturbed.
                O. Okay. A disturbed mindset. With regards to
he traffic stop - actuaffy, no I/11       I,11 save that for
ater. Now, you'd mentioned something about your concern over
our career with regards to an unfounded accusation of - of
exual misconduct and r just want to probe that j-ssue wj-th you
                                 T7
                Constable John McAlister    Cr.   Ex.

  r rittle further. Have you missed any promotions as a result
 )f this incident?
                A. Of this incident?
                 . yes.
                A. No.
                A. No, okay. Have you - were you put on
 ;uspension or with or without pay as a result of this
 Lncident   ?

               A. No.
               O. No, okay. Did you receive any reprimand
 vhatsoever as a result of this incident?
              A. No.
              O. Okay. Nornr, you knew that you hadnrt conducted
:his - you hadnl t been guilty of any sexual misconduct towards
r four-year-old boy. I think you indicated that, right?
              A. f 'm sorry?
              A. Okay. I'm góing to suggest to yoür well
tctually you did state to my friend that you that you knew
:hat the accusation in the fourth and finar email was false,
:orrect?
              A. Vühich is the fourth and final_ one? f rm sorry.
              O. The one the one with respect to the
rccusation of sexual misconduct.
              A. Yes, I did know they r^rere false.
              A. Okay. Given that knowledge is it realistic to
-hink that an investigation would find you guilty or that you
'ourd somehow have your career put in jeopardy as a result of
.hat unfounded accusation? That big accusation which you knew
o be false?
             A. V{e11, I'm not if     if an allegation was put
orward about any mj-sconduct, sexual or other crj-mi-nal. r,m a
olice officer and an j-nvestigation ensued as a result of it
                                 18
               Constable John McAlister      Cr.   Ex.


 :hen it   it would put your career you normally would put on
 ' you know different duties or something while that occurred
 io any any allegations of criminal misconduct by a police
 rfficer is of a concern...
                A. Okay
                A. ...obvj-ously by myself and by the community and
 ry the service
               0. Well what about a situatj-on where the - the
:he accusatj-on hasn't been particularized and there's no
-nvestigation that's going to ensue?
               A. VüeI1, the police look into any - any
rllegation and they have to determine whether it's        if it's
:ounded or unfounded so there's always an initial-       any - any
- any any allegation founded or unfounded is always
.nvestigated
               O. But this one wasn't.
               A. This one wasn't what?
               O. The and there h¡as no investigation. I'm
 ¡oing to suggest to you sir that there was no investigation
 -nto whether or not you had you had committed a sexual
 rssault on a four-year-ol-d boy. I'm goinq to suggest that to
'ou. Are you aware of any investigation that was ever made
.nto this allegation?
               A. Well, there's nothing to investigate but I'm -
.'m sure at the onset of     of it, there would have been
.nquiries if there was an investigation ongoing somewhere. It
tay not have been our police service or...
              O. But you knew there v¡asn ' t .
              A. I knew there wasn't?
              0. yes.
              A. f r^rasn't aware that there v/as.
              O. Okay.
                                11
                 Sergeaht Dean Smith     Cr. Ex.

              O. In reference to the interview, yeah.
              A. I believe I did, yês.
              A. You did? Okay and I think you indicated to
.r. - to - to       that you \^rere willing to look into the
llegation if he could provide you with specific information.
orrect?
               A. I believe so. I don't have a copy of the
 he interview in front of me but T believe f did, yes.
               0. Wou1d it assist you to have a copy of it
,êcâusê \^/e can I bel-ieve it's an gxhibit so we can - we can...
               A. Yes, that would be great.
               O. Your Honour, if f may? Thank you. Perhaps
'ou could refer to page 1"1? Oops, sorry.
               A. Yes, I'm on page 11.

orry, Paee,-:' -::i:,:J:::'::,::J;,"i        :ii:-' l;" ï,,,,.
owards line, welI, between líne 20 and 25 there.     You say:

             "Okay, weIl...

             A. T'm sorry, sir?
             THE COURT: Yes, speak up please, Mr.
             MR. - .î Okay. Page 14...
             THE COURT: Thank you.
             MR.         O. ...you ask - are you on t.hat, page?
             A. Yes.
             a. Okay. You ask:

                  "Okay, well you make an allegation here
                  and I'm willing to investi-gate that and
                    and...
                                      12
                    Sergeant   Dean   Smith   Cr.   Ex.


              And you go on to say:

                     "Okay but the allegati-on you make about
                     Constable McAl-isterr. I'm willing to
                     investigate íL."

              And then it. says:

                     "If you can give me something to
                     substantiate it. Tel-l me about it.
                     That and I'l-1  I'11 look into that.

              MR.         ; Q. Correct?
              A. Yes.
                             are you indicating that Mr. are
                          No\ru,
.ou indicarirrnn;oont"' that you don't have enough informat j-on
.o - to to investigate the the allegation of sexual
risconduct?
              A. I would need more information to further the
 nvestigation. He's saying that he made that allegation of
 exual- misconduct to proceed further I've spoken to the
 rofessional Standards to sqe if there hras a complaint against
 im and f've spoken with the military to see if there was a
 omplaint against him and I've spoken to Constable McAlister.
              O. Okay. So, you're investigating if there was a
 omplaint but are you investigating whether or not there's
 een some sort of sexual misconduct?
              A. No, other than just to check to see if there
s an allegation.
              O. Okay - okay and the original email that makes
eference to some sort of misconduct, did that say there \^¡as
isconduct or does it say that the author believes there was
                                  13
                     Sergeant Dean Smith   Cr.   Ex.

 risconduct   ?

                A. f woul-d have to read the emai_l-. f don't have
 -t in f ront of me.
                A. Okay. V'Iell-, perhaps \^/e have - perhaps we can
 ¡ive you that emai] as well. r t.hink that was Exhibit six if
 .'m not mistaken, Madam Clerk.
               MADAM COURT CLERK: Vüould you like it to? The
                  index?
                  MR. ,          Yes, please.
                 A. I'm sorry. The question agai_n?
                 MR.        . ¿ Q. The question was does the email
  rtate that there was sexual- misconduct or that there,s a
  relief the author's belief that there was sexual- misconduct?
                 A. ft sates that we believe McAlister had engaged
  .nd is still engaging in sexual misconduct.
                A. Okay. No\,ü, you had contacted the military
 ,olice to ascertaj-n if there was an ongoing investigation or
  n investigatj-on and they told you there was not. correct?
                A. YeS.
                A. Okay. Had they told you there was an
 nvestigation would you have taken over that investigation?
                A. There could be many variables j_n that. If it
 as an allegation of inapproprj-ate behaviour by one of our
 ffi-cers, I may or may not have, that would have been a
 ecision made by senior officers.        r have done numerous
nternal investigations. r have also been aurare of them that
re handled by Professional- standards Branch so r - r can't
lsr,'rer that as definitively.
               O. Do do you have authority to take over a
i-litary j-nvestigation in your capacity as a as a officer of
re - where are we no\^r- the Kitchener police?
 ,             A. Again, it depends on the allegation. I - I
                                   14
                    Sergeant Dean Smith - Cr. Ex.

 can't speak to that. I don't know. Depends on the allegation
 if they said we need you to work on it. here. I may or may
 not...
                  0. okay.
                  A. ...if it's a separate investigation then they
  would handle it and deal with it.
                  O. If it was a separate investigation they'd
  handl-e it and deal with it and if it wasn't you'd heJ-p them if
  they asked for that help. Correct?
                  A. Yes.
                  A. okay.
                  A. But sorry, I         I shoul-d just qualify that
  that if there is an investigation it's          it's prudent that our
  officers     sorry, if there's an investj-gation into one of our
  officers it goes through Professional Standards.
                  A. Okay. So, Professional Standards is really
 the people who should be handling that kind of investigation.
                 A. They would be contacted. They wouldn't
 necessarily be handling it.
                 Q.. okay. So, in addition to the mil-itary police
 then it woul-d be up to your internal revíew mechanisms to
 lecide whether or not you in fact for then that you continue
 b.hat investigation into the sexual misconduct. Correct?
                 A. Yes.
                 O. Okay. So, really you would have to wait till
;omeone asked you to          to handle that before you could handle
:hat. Correct?
                 A. rf the informations provided to me, I would
Lnvestigate it until I got to a point where r said, okay, this
Ls not      thls is a true allegation or it's a false allegation.
:n this case I looked into it and determined it was a false
rllegation.
                                  15
                  Constable John McA1ister   Cr.   Ex.


              A. Wel-I, no\^/ that you've shown me that one, I - I
 I seemed to have recollected independentJ-y that there was
eference to me and my f amily at Faj-rview MaIl-.
              A. Okay.
              A. So, maybe that r^/as just...
              O. I'm going to suggest to you sir that your
ndependent recollection was incorrect.
              THE COURT: May I see all of those Exhibits Madam
              C1erk please? Thank you.
              MR. .           Q. There is a March 17th email which
ndicates that you have a significant other. Other than that
here's no reference in any of these emails to your family, I
uggest to you
             A. If     if r could see the March 17th one.
                Q. Absolutely.
                A. Then it may - may - may - may...
                THE COURT: You did not     could not identify the
                f irst one. Take that a!üay.
                A. It may help me understand why I made that
nference.
                 MS.           Although perhaps in the interest of
                 fairness the officer said he recollected
                 something of the March 8th email and perhaps
                 allow him to make reference to the March Bth
                emaif witl also be heJ-pful to him.
            .   MR.           Your Honour, I'l-1 just let Mr.
                I'11 let Constable McA1ister read through the
                emails before I conti-nue and Madam Clerks
                indicating to me'I'm not speaking l-oud ênough so
                T'11 endeavour to do so. My apologies to the
                court.
                A. Yeah, in the March 17th one there is one - he
                                   15
                    Sergeant Dean Smith       Cr. Ex.

               O. Now, if I'm not mistaken you al-so questioned
      about whether or not he had more information about the
 Lnvestigation being conducted by the military police.
lorrect? I'm looking at page 16, near            at line 20. You're
rsking:

                      "No, but would you? fs there any - is
                      there any \^¡ay you \^rould know that
                      information?"

                 A. Yes.
                 O. And. you're making reference to a military
-nvestigation.
                 A. Yes.
                 A. Okay and the answer is:

                      "Honestly, f dont t   kno\n¡.   "

               O. Correct?
               A. Yes.
               0. Okay. I thi.fik you also indicate to       that
'ou don't have very much to go on. You don't know which
rranch or which servj-ce or which department or which location
.he investigation is being conducted so you're asking for more
nformation? Correct
              A. I don't see that
                                         can herp vou rind that'
             T:    ll"l",l":,-: :ï ;:-]
                     "If he could give me a contact, I would
                     gladly do further investigation into
                     it. The military's a big
                                  1,6
                     Sergeant Dean Smith - Cr. Ex.

                      organization.   "



                0. Okay. You mentj-on it's a biq organization
 Lt's like saying call the police. VüeI1, calling the police -
 :he - you mention that right? You say calling the military
 >olice is like being told to call the police.. You don't know
 '¡ho to contact, you don't know where to go. That
                                                    .kind of
 :hing. You can't reaIIy...
                THE COURT: T think the reporter's having
                difficulty hearing you as well Mr.       , . r am
                going to have to ask you yet again please to
                speak more slowly and to please...
               MR.           My apology Your Honour
               THE CQURT: And to pl-ease elevate your voice.
               You drift off very quietly at the end of your
               sentences and I cannot hear you.
               MR. i       : A. My apologies, Your Honour.
iergeant you're indicating to         that you don't have enough
.nformation:to conduct your investigation. Correct?
               A. To further the investigation.
               A. To further your investigation, okay.
               A. The the information was sparse.
               a. The information was sparse, okay. Thank you.
id you believe the the allegation?
               A. Did r believe the allegation?
              A. Yes.
              A. Vühich...
              A. That that Constable McAlister was conducting
exual- misconduct.
             A. No.
             0. Okay and if there had been an an
nvestigation into Officer McAlister's conduct by either the
                                     27
                     Sergeant Dean Smith - Cr. Ex.

               A. Sorry,    the...
               THE COURT:    Let him finish the ans\^Ier, please Mr.
                          Thank you. Go ahead.
                MR.:.         Okay, yeah, absolutelY.
                A. Sorry. Other than. the original email which
 lot the entire investigation going and then the allegations
 rbout the sexual misconduct, the phone messages. He didn't
 ¡rovide any further infonmation on the sexual misconduct, no.
                O. Okay and you explained to him in the interview
 :hat you !üere willi-ng to do an investigation. Correct?
                A. Yes.
                A. And you explained to him in the interview that
/ou couldn't rea1ly do an investigation until you had more
Lnformation. Correct? There was nothing to invest.igate.
               A. I don't know if I said that. If you have a
Line number that would reference it r would be glad to 1ook.
               A. How about page 14, between lines 30 25 and
l0 you say:.

                      "Okay, but the allegation you make
                      about Constable Mcalister, I'rl more
                      than will j-ng to look - T.'m - I 'm more
                     than willing to investigate it.    "


                A. You say that to him. Right?
                A. YeS.
                O. okay. So you're leading him to believe there
rasn ' t been an j,nvestigati-on yet. that you need more
.nformation to investigate, correct?
               MS.              That's a two-part question.
               MR.             A. VüelI, all- right. Vüe' 11 ask in
.n two parts then.
                                      .28
                      Sergeant Dean Smith - Cr. Ex.

               A. My - my investigation commenced March the 27tt'
rhen it was brought to me that these emails had been sent on
t.he 8th of March, the 17th of March, the 20th of March and the
25th of March. One part of my investigation was the allegation
rf sexual misconduct. There there \^rere several several
rther parts of my investigation, which included allegations of
the military that I spoke with them and allegations of
nonitoring Constable McAlister and phone messages that the
nilitary police had been investigating. Those were all
Jifferent parts of my investj-gation. As far as the.sexual
nisconduct allegation it was it was one part of the entire
investj-gation
                   O. Okay. So were you misleading           then   when
¡ou said:

                           "I'm more than willing to investigate
                           it. "

              O. You had already investigated it at this point.
lou didn't need any more information to to investigaLe it.
              A. f 'm sorry, sir f don't I     I need more
information to investigate which part?
              0. The allegation of sexual mj-sconduct.
              A. Yes, I did more investigation or more
-nf ormation...
                  0. okay.
                  A. ...to investigate it. further, yes.
                  O. Okay. Thank you very much. No further
¡uestions'
             ""îJ"""".;:
                              Thank you. Nohr, whar ï propose ro do
                  is clearly there has been an oversight in
                  relation to the examination in-chief in relation

				
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