Pubdate: Wed, 12 Jan 2000
Source: Province, The (CN BC)
Copyright: 2000 The Province
Contact:  200 Granville Street, Ste. #1, Vancouver, BC V6C 3N3 Canada
Fax: (604) 605-2323
Website: http://www.vancouverprovince.com/
Authors: Emma Poole and Melissa Radler, Staff Reporters

POLICE CHIEF PONDERS NEXT MOVE

Startled by serious allegations about the conduct of his members,
Vancouver's new top cop begins investigation

Facing his first crisis since taking over Vancouver's troubled police
force, Chief Const. Terry Blythe launched an internal investigation into
accusations five of his officers committed perjury.

Through Vancouver police spokeswoman Anne Drennan, Blythe said the five
female officers will remain on the force until he has had time to review
the entire court transcript where the women were said to have lied under oath.

"The chief will be prepared to make an in-depth statement once he has had
the opportunity to review the file," said Drennan, adding that Blythe was
angry the Crown didn't give him a heads-up with regards to the allegations
against the officers.

Drennan said the force had not received transcripts of a court ruling in
which Judge Herb Weitzel threw a case out of court because of what he
described as "improprieties" by the five officers.

The judge found that evidence the officers gave in court was unreliable.

Defence lawyers for the accused in the case said the officers should be
disciplined for their testimony, and they have requested an independent
investigation into the incident.

The officers - Sherron Bayley (a 22-year veteran who has been promoted to
sergeant since the incident), Jodyne Dyck, Elizabeth Miller, Katrina
O'Reilly and Denise Barry - allegedly trashed the home of two suspected
drug dealers while executing a search warrant in March 1998 and then lying
on the stand.

The drug charges against Anthony Thomas Denault, Joseph Patrick Denault and
Miles Rodney McCaughey were tossed out of court after Weitzel said the
investigating officers were "lacking in credibility" and cited police
misconduct.

McCaughey's lawyer, David Fai, has called on Attorney-General Ujjal Dosanjh
to institute a public inquiry into the allegations against the officers of
vandalism and perjury. Dosanjh wouldn't comment on the incident.

Weitzel's comments, which include a direct attack on the conduct and
honesty of the officers, hinge on a set of photos that were entered in
evidence during the trial.

The photos - one set taken by the police identification detail and the
other taken by the officers with the suspects' camera - show evidence of
vandalism on the part of police.

Joseph Denault said he returned home after being released on bail in March
1998 to find his apartment in shambles. He found personal photos torn up
and left on the floor, his liquor poured out and shaving cream sprayed all
over his bathroom. He also found one camera with its film pulled out and
exposed as well as another camera still loaded with film, which is said to
contain the incriminating photos of the officers.

Drennan lashed out yesterday at Weitzel's comments and said he was out of
line for condemning the officers for their conduct during the drug bust.

Weitzel said in his ruling, released Friday, that the officers displayed
"childish behaviour" and took "stupid photographs" during the search of the
suspects' residence. He also said the "flagrancy of the conduct is, in my
view, exacerbated by the denials in court, in particular with respect to
the photographs."

Court transcripts outline Dyck's admission to taking at least one picture
with the suspects' camera. The constable also admitted to pouring out a
small amount of the suspects' liquor.

"I know I took at least one picture, certainly. That's obvious. That's my
foot in the picture," Dyck said during her testimony.

"We as a police department are extremely disappointed in the comments made
by the judiciary in this case," said Drennan, who revealed the department
knew nothing of the incident until the judge's ruling was released. "It
would appear as if the police are on trial instead of the accused."

The Denaults' lawyer, Peter Kendall, scoffed at Drennan's comment. He said
that each time a police officer takes the stand his or her credibility is
on the line.

Drennan said Kendall didn't file an official complaint with the force with
regards to inappropriate behaviour on behalf of the officers.

"They had plenty of opportunity to come clean," said Kendall. "This
misconduct is very serious, and if this is the way the police are treating
it, then how can we trust these people?"

Said Drennan: "The judge seemed to, without any evidence to the contrary,
take it for granted that the comments and information provided by the
accused and their lawyers was fact.

"There is a process in place for complaints against inappropriate
behaviour.  We do not condone inappropriate behaviour on behalf of our
officers, but believe if a complaint is filed it should be followed up on,"
said Drennan.

"We will be speaking to the [Crown] on the possibility of a appeal with
respect to the dismissal of these charges."

In his ruling Weitzel said, "What is striking in this case is the totality
of the police's conduct, which in my view amounts to serious improprieties."

Weitzel added that the police searched the house for a legitimate purpose,
but far exceeded their authority as officers.

"So their [police] actions at the scene, in my view, are in flagrant
disregard and entirely inappropriate for police officers engaged in an
investigation of this nature," said Weitzel.

Drennan would not comment on the specifics of the photos. "We can't just
begin investigating unless there's a complaint filed."

WHAT THEY SAID

Const. Anne Drennan, Vancouver police spokeswoman: "It would seem as if the
police are on trial instead of the accused."

Peter Kendall, defence lawyer for the Denault brothers: Police "had plenty
of opportunity to come clean with it. They took the photographs."

Mayor Philip Owen, head of the Vancouver police board: Did not respond to
reporters' calls.

Matt Aidy, deputy commissioner of the office of police complaints: "We have
the matter under consideration. ... We did not know of this matter prior to
this."

Ujjal Dosanjh, B.C. Attorney-General: Would not comment.
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