Pubdate: Fri, 23 Jul 2004
Source: Eastern Door, The (CN QU)
Copyright: 2004 The Eastern Door
Contact:  http://www.easterndoor.com/
Details: http://www.mapinc.org/media/2464
Author: Greg Horn

QUEBEC POLICE ETHICS COMMISSION DISMISSES COMPLAINT AGAINST ISAAC

Recognizes Grand Chief Gabriel Issued Criminal Badge, Pepper Spray

The Quebec Police Ethics Commission dismissed a complaint filed by former 
Kanehsatake police officer Terry Cross against Terry Isaac concerning the 
Richard Walsh case. Walsh was hired in 1997 to do undercover work for the 
Kanesatake Mohawk Police even though he was never a sworn-in police officer.

In the complaint Cross alleged that Isaac provided confidential police 
information to Walsh, who is a civilian, regarding himself and his brother 
Tracey. This, the complaint alleged, was done in contravention to the Code 
of Ethics of Quebec Police Officers. Under this code it is prhibited for 
police officers to hand over to a civilian CPIC/QPIC (Canadian Police 
Information Centre and Quebec Police Informatin Centre) statements from 
police information centres.

The saga began when Walsh was hired in September 1997 by Gabriel to conduct 
stakeout work for the Kanesatake Mohawk Police regarding the drug trade in 
Kanehsatake. According to the Ethics Commission's jedgment, Walsh's hiring 
was by a verbal agreement and he was paid by the Mohawk Council of 
Kanesatake under the guise of environmental analysis work.

Over the course of 14 months Walsh was paid $111,000.

The judgment also stated, "Although Richard Walsh was never a sworn 
Kanesatake Mohawk Police officer, a badge authorized by James Gabriel and 
Barry Commando (the KMP Chief at the time) was delivered to him. Richard 
Walsh was also handed a uniform and a weapon commonly referred to as 
'pepper spray.'"

Then on May 6, 1999 Walsh was arrested in Kingston, Ontario by Constable 
Balwant Dhillon of the Kingston Police Department. Three days later Ontario 
Police searched Walsh's Kingston apartment and found several CPIC/QPIC 
computer records concerning several individuals including Terry and Tracy 
Cross. Most of these records indicated that a KMP officer wearing badge 12, 
which was issued to Isaac, requested them.

Isaac told the Ethics Commission that Commando and Gabriel introduced Walsh 
to him as a former RCMP officer who was mandated to investigate the drug 
trade in Kanehsatake. Isaac also admitted to handing over to Walsh 
CPIC/QPIC documents in March 1998.

Then in May or June 1998, Isaac said he and Commando learned from the RCMP 
in Montreal that Walsh was the subject of criminal charges. At this point 
Isaac was ordered to stop cooperating with Walsh. Walsh's criminal record 
includes conviction in Ontario for fraud, identity theft as well as parole 
violations.

In an SQ investigation, Commando provided his version of the facts of the 
Walsh case. The judgment says that "although there are a number of 
discrepancies between this version and that provided by Isaac, the former 
chief confirms that Walsh was hired to carry out work related to the 
illegal drug trade in Kanehsatake and that a badge was handed to him 
without him being a sworn police officer."

Commando also confirmed that in the spring of 1998 he was informed that 
Walsh had a criminal record. It was at this time that he told Isaac to stop 
dealing with Walsh.

During the course of the Ethics Commission's investigation, Francois Sauve, 
the head of the QPIC User Service, said he believes that Isaac was acting 
in good faith when he handed the CPIP/QPIC material to Walsh and did not 
contravene QPIC policies and guidelines.

"In this case that Isaac transmitted confidential documents to Walsh is an 
undisputed fact," the judgment said. "However, this conclusion is not 
sufficient to conclude to a deragatory act on the part of Isaac."

The Ethics Commission emphasized that it was not for personal purposes that 
Isaac handed over CPIC/QPIC printed material to Walsh. It was for reasons 
concerning police investigation procedures.

The jedgment also says that it is not disputed that Gabrield was the one 
who promoted and authorized Walsh's employment with the approval or 
collaboration of Commando. It also concluded in the judgment that it is 
difficult to dispute the fact that Walsh was hired to help the Kmp fight 
organized crime and the drug trade in Kanehsatake.

However, the Ethics Commission said that this is not the place to discuss 
Gabriel's conduct in regard to the hiring of Walsh. The Ethics Commission 
decided that since Isaac stopped working with Walsh when he discovered his 
criminal background and worked with him only because he thought it was to 
deal with police issues, the complaint against him should be dismissed.

Cross plans to take this case before a Quebec Court tribunal, where Cross's 
lawyer says that they can prove that Walsh was not hired for "police 
objectives."
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MAP posted-by: Jo-D