Pubdate: Tue, 17 Feb 2004
Source: Lindsay Daily Post (CN ON)
Copyright: 2004 Lindsay Daily Post
Contact:  http://www.thepost.ca/
Details: http://www.mapinc.org/media/2333
Author: Ben Medd

CHIEF DEFENDS DRUG SEARCH

Police Chief Randy Martin said a drug-related search of one of his own 
officer's homes outside of his jurisdiction was done by the book, with the 
OPP being informed from the start.

Answering to concerns about the public's perception of the Kawartha Lakes 
Police Service investigating the Kirkfield home of one of its own officers, 
Martin told members of the police services board the OPP had been aware of 
the search before even he was.

His comments, however, were countered by City of Kawartha Lakes OPP Insp. 
Det. Commander Gary Couture, who said it was not until after the police 
service went into the OPP's territory that he was informed of the drug 
related search.

The incident took place on Nov. 20 of last year, when the husband of a 
Kawartha Lakes Police Service officer was charged with possession of 
$89,000 worth of marijuana in Peel Region. After Peel Regional Police made 
the arrest, they placed a call to the City of Kawartha Lakes OPP, whom they 
believed were employing the spouse of the man they had arrested.

Chief Martin said the OPP was informed of the situation at this point and 
was aware of the need to search the Kirkfield home, which he told the 
members of the police services board. This was quickly disputed by OPP 
Insp. Couture following the meeting.

"I did receive a call from Peel Regional Police but the conversation had 
nothing to do with a search," Couture told The Daily Post. "I didn't become 
aware of the details because I respected the fact that it was another 
service's officer and I simply directed them to the appropriate police 
service. There was no discussion as to any searches. I wasn't advised of 
any need to search the residence. Absolutely not."

Couture said it was only after he learned of the search in his territory 
that he himself called both of the high-ranking police service officials, 
Insp. Don Thomas and Chief Martin, to discuss the issue of policing 
boundaries and courtesy calls.

During Monday evening's police service's board meeting, the first of which 
an OPP official did not attend because they now have their own advisory 
committee, Martin said the OPP had voiced no concerns surrounding the search.

He then suggested the OPP had been responsible for leaking news of the drug 
related search to The Daily Post.

"It is obvious by virtue of the absence of comment of the local OPP, which 
is unusual on matters the media contact me on," Martin told the board. 
"Normally, of course, they contact both policing jurisdictions to see if we 
are in sync or not in agreement on certain issues. There has been an 
obvious absence of comment by the local detachment of the OPP and it 
appears the OPP detachment in Peterborough is speaking to the issue by 
virtue of the article."

OPP Insp. Couture said Martin's comments were not founded in fact, but 
rather speculation.

"I would say he is speculating," he said in reference to the comment.

After being asked again by board member Art Truax as to whether there had 
been any concerns voiced by the OPP, Martin said none had been mentioned.

"No complaint was laid," he said. "There were no objections and there 
haven't been any since."

Mayor Barb Kelly said she had received a number of calls on the issue since 
it was first reported in The Daily Post, many of which dealt with the 
public's perception of the search.

"I think that the big issue - the perception - seems to be it happens to be 
a staff person of the Kawartha Lakes Police Service and had that person not 
been involved here, I doubt very much that it would even be much of a 
story," she said.

"The perception that came to my office, is similar to what Mr. Truax said 
earlier about it being a little like kissing your own sister. But the 
perception is there. I am not implying that there would be anything 
underhanded, but I guess I wonder if down the road some thought would be 
given to where there is a situation where it is a person on the force, 
would it be better handled, just for the public perception, if another 
police service were sent?"

When faced with the question, Martin said he would consider calling in an 
outside police service if the investigation directly involved one of his 
officers.

"It is a valid comment and you have heard me make this statement before, I 
am the longest serving chief of police in Ontario and the OPP or no one 
else has ever asked me to come and investigate something," he said. "This 
did not centre around an investigation of this police service, this centred 
around an ongoing investigation of our member's spouse and not to belittle 
whatever information there may or not be in Peel Region, we as police 
officers upon reasonable and probable grounds on an ongoing and regular 
basis. If I felt there was a serious allegation against a member of this 
service I would not hesitate to contact another organization as compared to 
having any negative perception."

Martin said the search his detectives conducted of the Kirkfield home was 
well within the law.

"Officers of the City of Kawartha Lakes Police Service are sworn as police 
officers throughout the Province of Ontario, so anyone that thinks we must 
operate under boundaries is sadly mistaken. We had every right to enter 
into that area," he said. "The articles in the first week of February that 
suggest our police service is under scrutiny for an investigation of the 
involvement of a member of this police service can only be labeled as 
false. Contrary to any comments made by members of the bar association in 
Peterborough County or other police services, there is nothing that was 
unlawful about our attendance. Ultimately, what was described as public 
perception, is a consideration, yet it appears whatever that factor was 
that caused these articles to be prevalent in the media is not as a result 
of any wrongdoing of any member of this service."

Martin said the only change he would have made in the way he handled the 
search would have been to inform the mayor.
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MAP posted-by: Jay Bergstrom