Crime & Punishment

Crime and justice comment and analysis

More positive signs of change at the IIO

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Earlier this week the Independent Investigations Office (IIO) released a report that analyzed their investigation in the Nov. 8, 2012 police involved shooting at the Starlight Casino in New Westminster by Delta Police Cst. Jordan MacWilliams.  The analysis was conducted by retired RCMP Supt. Doug Kiloh who has much Major Case Management (MCM) experience but he also had expertise in ERT tactical procedures. Which, I might add, no one involved in the actual investigation had.

On October 20, 2014 MacWilliams was charged with second degree murder. The charges were finally stayed on July 14, 2015.

Regular readers will know that much has been written on this case in which I was very critical of the IIO’s investigation and questioned their competence in many aspects and on many occasions.

The Delta Police Association wrote a letter of complaint to the IIO essentially saying their investigation was flawed and also questioned their competence. The IIO, to their credit, then commissioned the review by Kiloh.

Kiloh’s 15 page report is very critical of the IIO but does note that in the intervening time a number of things have changed. But he also makes a number of recommendations involving training, investigative techniques, evidence management, MCM protocols and enhanced training.

Kiloh also focused on two salient events from the IIO investigation. One was that investigators never spoke to the female taken hostage that morning. I surfaced her and interviewed about six months after the charge was laid against MacWilliams. I also surfaced the fact that the IIO never asked casino security for their video. Casino security burned a DVD for the New Westminster police and the coroner. They got their copies but the IIO never  asked.

When I asked why the IIO never bothered to touch these basic but critical things to understand what happened, I was told that the IIO doesn’t concern themselves with what led up to the Affected Person’s interaction with police but just the actual interaction. I was stunned.

Well, evidently Kiloh was equally stunned. He deals with these failures and others in his report.

The new Chief Civilian Director, Ron MacDonald, put out a statement corresponding with the release of the Kiloh report. In it he said, “I have accepted the conclusions and recommendations outlined in his report, which is attached, in their entirety.”  He goes on to say than many of the recommendations have already been undertaken.

He then said this: “As the Chief Civilian Director of the IIO, I am focused on ensuring our investigations are carried out in as excellent and timely a manner as possible. We will always work to improve where necessary. This report and our response to it is an example of how the IIO is prepared to receive feedback and acknowledge weaknesses, recognize the need to improve, and make the needed changes.”

Well, that’s diametrically opposed to the first CCD, Richard Rosenthal

Considering the new CCD said he accepted the conclusions and recommendations “in their entirety,” I sent the following question yesterday to Marten Youssef, the IIO’s Director of Public Engagement:

If, in fact, the IIO accepts the report and recommendations “in it’s entirety,” that leads me to a very salient question. In the Starlight Casino investigation I surfaced the female hostage who was not interviewed by the IIO and the fact that casino security had burned a DVD of all of their video for the IIO but was never asked for it. Kiloh refers to both these matters as failings.

At the time when I questioned these things I was told by the IIO, I believe it was you, that was because the IIO was only interested in the limited focus of the police interaction with the Affected Person and not in circumstances that led up to that interaction.”

Youssef forwarded that enquiry to the new CCD who responded himself.

Here is his pasted response intact:

I have reviewed your email regarding the report about the Starlight Casino shooting. That report is about a five year old investigation, and the report notes several issues with that investigation. While it was important for us to release the report to publicly acknowledge those issues, and to demonstrate transparency to the public, at this point  my goal is to focus on the approach the IIO takes going forward.

In that sense you refer to the fact that the whole of the circumstances of an incident ought to be relevant in our investigations, not just the immediate interaction between the police and the AP.

To put it simply, I agree with you, and that is indeed the approach we take in our investigations. Not only can that context assist in an assessment of police actions, it will help explain the entire fact situation to the public.

I hope that addresses your questions.

Take care.

Ron

Well, well. Rosenthal never responded to my questions in his four years as CCD, let alone admit I was correct on any issue let alone such a salient one.

There are positive winds blowing at the IIO with this new guy at the helm.

One last point, Earlier today the Criminal Justice Branch released a report saying there would be no charges in an event at West Shore RCMP jail in which the arrestee, very drunk, was fighting with three members and taken to the floor when she sustained an injury. The whole thing is on video as you might imagine.

This occurred four years ago and the decision was only released today. Four years. The new CCD talks about timely investigations. Clearly this was not a priority of the previous administration. So, far he is talking the talk and walking the walk with two recent events that have taken place since he assumed the mantle were cleared in two months and one month respectively.

There were a couple more in the past couple of weeks. We shall see how the new IIO does with those.

I’m hopeful right now that MacDonald has forced the IIO to turn a corner. Early signs are promising.

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Leo Knight

@primetimecrime

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Written by Leo Knight

March 23, 2018 at 10:39 pm

Political revenge or justice?

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Last week the RCMP announced a single charge of Breach of Trust by a public official against Vice Admiral Mark Norman, the former second in command of the Canadian Armed Forces (CAF). The investigation was conducted by the RCMP’s National Division, the section responsible,ostensibly, for “sensitive and international” investigations. This is the same section that conducted the investigation of Senator Mike Duffy in the Senate expense scandal. The problem is that it reeks of politics and seems to have little to do with justice.

Norman had in his portfolio oversight of the National Shipbuilding Procurement Strategy which was intended to be the replacement of the Protecteur class of naval supply ships. While the project had been underway for several years, a series of incidents led to the premature decommissioning of the HMCS Preserver and the HMCS Protecteur in 2014.

The government of Stephen Harper understood the problem of not having our own naval supply ships. There aren’t any gas stations in the middle of any ocean. That meant our navy was limited in how far our ships could travel. The navy scrambled and rented a supply ship from the Chilean navy for the Pacific, but that was a limited arrangement. They were in the process of negotiating with Spain for a supply ship for the Atlantic coast but that never came to fruition.

The Harper government changed contracting regulations that allowed them to do a sole-sourced contract when operational necessity merited. They then entered into an agreement with Davie Shipyards to convert a cargo ship, the MS Asterix, purchased by the shipyard, into a supply ship that would bridge the gap while Seaspan Shipyards in North Vancouver was building the replacement “Joint Support Ships.”

So far, so good. But the Harper government lost the election that year and the country was, yet again, blessed with a Liberal government. Those of us with memory of the last Liberal government recall the absolute cock-up they made of the Sea King helicopter replacement program. Their mismanagement, or should I say political corruption, cost the taxpayers $500 million in penalties for the cancellation of contracts put in place by the previous Conservative government of Brian Mulroney.

The Sea King replacement project began in 1983 and was well on the way until the Tories lost the 1993 election and the Liberal government of Jean Chrétien won. One of their first actions was to cancel the Sea King replacement contracts. To say that decision was simply political and blatantly stupid would be an understatement. There are still Sea Kings in operational use by the Canadian navy. They were old when Mulroney launched the New Shipboard Aircraft Project in 1985 for God’s sake. Navy pilots describe the Sea Kings as “10,000 nuts and bolts flying in loose formation.”

Not to be outdone, the government of Justin Trudeau, as one of their first acts decided to cancel the contract with Davie Shipbuilding after receiving communications from Irving Shipbuilding on the east coast requesting the cancellation of the contract and opening it up to bids from other shipyards. Naturally, the Irvings through their group of companies are huge donors to the Liberals historically. So Trudeau and the Liberals, as is their wont, decided in Cabinet to do exactly that. In their world the good of the country falls behind what is good for the Liberals.

Needless to say, Norman, was frustrated by that. He is alleged to have engaged in a series of communications with Davie Shipyards about the problem. The information was somehow leaked to the media and the ensuing uproar caused Trudeau to retreat on the decision.

The project went ahead and as we speak, the HMCS Asterix is undergoing sea trials. All’s well that ends well one might think. But no, Trudeau called in the RCMP and Norman was suspended by the Chief of Defence Staff Jonathan Vance pending investigation.

The RCMP raided Norman’s home as well as Davie Shipyards and a myriad of other places and organizations in Canada as well as the US resulting last week with the announcement of a breach of trust charge against Norman. Stunning.

Norman has an unimpeachable record of service to the nation. And let’s be realistic, to penalize  a man like that suggesting he leaked something, given that leaks are the capital of government, journalists and lobbyists, simply smacks of revenge.

Clearly Norman, by all accounts, frustrated by political interference, did whatever he did in the best interests of the country. It is also useful to note that Section 122 of the Criminal Code was designed to rout out corruption by public officials, typically for those who make decisions meant to benefit themselves or associates. There is no apparent evidence, at least in the public domain, of any such benefit sought by Norman in any of this. Now, maybe the RCMP unearthed something like that in their investigation, but of that, I am very sceptical.

Adding to all of this, Trudeau, not once but twice, in the past year, before the investigation was concluded and the charge laid, stated this matter would inevitably end up in court. How in the world would he know that? Well, there is certainly historical precedent of the PMO interfering in an RCMP investigation. Project Sidewinder during the Chrétien administration quickly leaps to mind.

No, this smacks of political revenge and crushing someone who defied the Liberals.

Norman is not a wealthy man after a career in the military. Some folks who served with him have set up a GoFundMe account to help with his legal bills trying to fight the might and deep pockets of the Crown.

This is outrageous.

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Leo Knight

@primetimecrime

Written by Leo Knight

March 14, 2018 at 6:13 pm

Positive signs of change at the IIO

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This past month the new Chief Civilian Director of the Independent Investigations Office (IIO) Ronald J. MacDonald released a report into an incident in which a man died of a self-inflicted pellet rifle shot during an encounter with Burnaby RCMP. The incident occurred on December 20, 2017. The report was released on  February 20, 2018 just two months after the event.

In the IIO’s five year history this has never occurred. They have been averaging 18 months from date of incident to investigation completion and report issued. This has certainly been a bone of contention with me and others critical of the organization.

Just a month ago at the Coroner’s Inquest into the death of Tony Du, the IIO came under criticism for taking so long to complete that investigation. They said they were essentially done after 11 months but had to wait an additional 7 months for ballistics. Huh?

Why they would need ballistics testing in a VPD officer involved shooting in which only one officer fired his service weapon? He said it was him and gave a statement. This is not a stone-cold whodunnit. The IIO had the weapon, the brass and the remaining bullets in the magazine. What’s to test to examine the facts of the shooting?

Du was a distraught man swinging a 2X4 at police at 41st & Knight St. in traffic. VPD trying to deal with him fired multiple bean bags rounds at him but that didn’t stop him. As he advanced towards the police swinging the 2X4 he was shot and later died of his wounds.

The officer who fired the fatal shots didn’t hide anything and gave a statement outlining the circumstances outline why he fired.

The only questions to answer in this investigation were 1) Was the officer entitled to use force and 2) was the force used reasonable or excessive. That’s it. But the IIO in the past always tried to turn what should be relatively simple matters into convoluted investigations taking months and years for what should take a competent investigator weeks.

It was for these reasons that the Ministry announced the award of three contracts last August to have experienced police officers revamp and augment the training IIO investigators received.  I was optimistic this was a good sign.

Unfortunately, the first time the training was delivered at the Justice Institute one of the instructors, retired VPD Inspector Les Yeo, encountered resistance and condescension from the IIO participants. Comments like, “That’s not how we do things” were made. Well, Sparky that’s actually the point of giving training by someone who actually knows what they’re doing.

Yeo spent years in Strike Force, Major Crimes and in the wake of the 2011 Stanley Cup riot he led a team of investigators putting together over 300 criminal prosecutions of riot participants. He was also board certified as a Team Commander in the Major Case Management model the IIO claims they follow but have no one with that same certification.

On the final Friday of Yeo’s course, he staged a mock coroner’s inquest with an actual coroner and an actual lawyer acting as counsel for the coroner. Yeo set up a set of circumstances for the inquest which mirrored an actual event in which Yeo himself was shot before he was able to return fire on the armed robbery suspect who later died as a result of police fire.

During the exercise the IIO investigator playing Yeo’s role in the shooting inquest essentially mocked the actions taken by Yeo and yes, he was offended and angry at the anti-police attitude displayed by the IIO investigators.

But it was more than just Yeo. At least half of the instructors were dismayed by the attitude displayed by the IIO attendees during the course of the month-long training. Yeo has since had a meeting with members of the JIBC and the IIO in which he informed the IIO that he was no longer interested in doing any training for their staff.

 I should note the new CCD had not yet taken office when this training occurred.

I contacted the IIO’s Director of Public Engagement and Policy, Marten Youssef for comment. To my surprise I received a reply from the new CCD. He acknowledged the problem saying, “The issues were addressed managerially with an emphasis on the sensitivities at play. In addition, discussions have been held between Gayle (Chief of Investigations), JIBC representatives and the instructor. I am advised that on behalf of the IIO, Gayle acknowledged the issues raised as perceived by the instructor and assured the Instructor and JIBC representatives the IIO does not tolerate inappropriate behaviour and attitude.”

“Further they were advised and I can confirm, the issues were dealt with managerially,” said McDonald. The CCD referred to the mocking incident as a “poor attempt at humour.”

Interesting.

In the past five years since the inception of the IIO and despite much criticism in this space I never heard a word from the previous CCD including when I called for his termination. He never admitted any fault nor attempted to explain the actions of the IIO.

Just yesterday the IIO announced there would be no charges in the case of an RCMP officer who stopped a car for erratic driving on Hwy 1. The driver, while the officer was in his patrol vehicle writing tickets for the incident, got out of his vehicle and leapt into the path of oncoming traffic sustaining significant injuries. The incident occurred on February 5th, 2018. Yes, you read that right. Just a month ago.

The new CCD even went as far in his report to say the officer involved was “professional in his dealings” with the affected person. Those words would never have been uttered by the former CCD, Richard Rosenthal, who displayed nothing but contempt for the police.

This is unprecedented in the history of the IIO and I truly hope a positive sign of change with the new management of the police oversight agency. But we shall see.

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Leo Knight

@primetimecrime

Written by Leo Knight

March 7, 2018 at 12:48 am

Posted in Uncategorized

Justice delayed is justice denied

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There’s an old legal maxim which says “Justice delayed is justice denied.” The phrase has been attributed to William E. Gladstone who was Prime Minister of the UK for 12 years spread over four terms in the mid to late 19th century.

But the concept goes back to the Magna Carta of 1215, clause 40 which reads, “To no one will we sell, to no one will we refuse or delay, right or justice.”

Yesterday the Criminal Justice Branch (CJB) issued a media release saying there would be no charges against a member of the RCMP resulting from an in-custody death that resulted from an incident on February 14th, 2015. The man died in hospital on February 21st, 2015. I shook my head and read it again. Could it really have taken nearly three years to reach a conclusion in the case?

What could possibly be so complicated that it would take that long for a process to determine what happened?

The circumstances seem fairly straight forward.

Jacobus Jonker, 53, was arrested by Smithers RCMP resulting from a domestic dispute. His daughter called 9-1-1 saying her father was drunk, holding a knife and was “really aggressive.” She remained on the line with the dispatcher reporting that he had gone to his gun safe and taken out a shotgun, that he may be suicidal and was concerned he would shoot her.

When the responding officer arrived, later to be the so-called subject officer, Jonker was standing in the door. The officer called for him to walk towards him. He did with his hand in his coat pocket saying “shoot me.” While he was aggressive and non-compliant, the officer managed to take him into custody without using lethal force, using OC or pepper spray. Good job I say.

At the detachment, the next chapter in the arrest unfolded in the cells. Jonker became aggressive and attacked the officer’s supervisor who had joined him in cells to assist with the booking along with the jail guard. He tried to reach for the supervisor’s gun and then lunged at him physically. He was grabbed essentially in a headlock by the arresting officer and taken to the ground where a ground fight ensued while the supervisor tried to get handcuffs on the man and the guard tried to control his legs. Oh, and I should mention Jonker weighed 288 lbs. and neither officer topped 190.

He was a rugby player and coached the sport at the local high school. Suffice to say he was a physical challenge for the officers.

During the ground fight Jonker went limp, the officers flipped him over and observed he wasn’t breathing. They immediately began CPR and called EHS. Jonker was airlifted to Victoria where he died in hospital a week later.

Now, I should add that ground fighting is part of every police officer’s training. In the RCMP members are in the gym wearing judo gi’s. They sit back to back on the floor mat and on the instructor’s call, begin fighting, using any method, trick or tactic to get the other guy to tap out. There are no rules to ground fighting, save and except to get control. The object is to win, to survive. Cops don’t start fights, but their very life depends on their ability to finish them.

It’s tragic that Jonker died. It’s equally tragic this member had the Independent Investigations Office (IIO) investigation and possible criminal charges hanging over his head for as long as this. 34 months from the date of the incident to the day CJB finally issued a statement saying he would not be charged with manslaughter or criminal negligence causing death.

I should also add there was no mystery in any of this. There was a CCTV video system in operation in the detachment cell area and virtually all of the confrontation was captured and available for analysis.

Two police use of force experts were called in by the IIO, one with the RCMP but a different detachment and the other from the Calgary Police Service. Both said the use of force was appropriate and consistent with their training.

What could possibly take 34 months – nearly three years – to determine that this officer was simply doing his job? Jonker got “horribly drunk” as stated by his wife. He was aggressive and violent as indicated by his daughter in her 9-1-1 call and the fact the family had to flee the house. He was uncooperative and aggressive in the cells. He tried to take the supervisor’s gun and attacked that officer. He was pulled off of him by the subject officer and taken to the floor where to control the big man there was a ground fight the likes of which occurs in every jurisdiction in this country on a daily basis. I wish I could say it’s unusual, but it’s not.

In most of these incidents police are able to gain control of the suspect. But, sometimes bad things happen and occasionally people die as a result. But it is always the result of their own choices. The choice to use drugs, alcohol, use violence against the police, being fat are the usual contributing factors. That’s reality.

But there’s nothing complicated in any of this. What could possibly have taken 34 months for the IIO to submit a report to crown and crown to review to determine this officer did his job in accordance with the law and with his training?

Why keep the family of the deceased and the officer and his family hanging for so long? It is unprofessional and reeks of incompetence or worse, a fruitless effort to find something, anything, with which to charge a police officer.

This isn’t justice.

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Leo Knight
@primetimecrime

 

Written by Leo Knight

December 15, 2017 at 10:19 pm

The irony of the IIO

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“Don’t underestimate the value of irony—it is extremely valuable.”
Henry James

The irony is delicious.

Following the November 2012 fatal shooting of an armed hostage taker who had fired shots at the Starlight Casino by Delta Police Constable Jordan MacWilliams, part of the Municipal Integrated Emergency Response Team (MIERT), was charged with murder by the Criminal Justice Branch (CJB) following the incredibly flawed investigation by the then-fledgeling Independent Investigations Office (IIO).

How flawed? Beyond belief. They never even interviewed the female hostage who was shot at, dragged and had a gun held to her head in the incident. They never asked for the video from the casino security staff itself who had the whole incident recorded. Casino security staff, who watched events unfold live on monitors and called 9-1-1, burned a DVD for the New West police who asked for and received it. They burned a copy for the Coroner’s office who asked for and received it. They burned a copy for the IIO who never asked for it. Stunning.

MacWilliams as one of the first officers for the MIERT who responded to the shots fired/ hostage taking call at the casino. The perpetrator had been waiting for a female casino employee to arrive for work and fired three shots at her before dragging her from her car and about 500 metres down the sidewalk toward the entrance when New Westminster PD units arriving to the 9-1-1 call from casino security boxed him in in the parking lot. The call to the MIERT went out.

Less than an hour into the stand-off, MacWilliams and another officer noticed the female hostage managed to separate herself from the armed man and they immediately broke cover and put themselves between the hostage and the assailant with weapons drawn, exposing themselves to danger while a third officer ran out and pulled the woman to safety. The exposed officers withdrew to cover and the stand-off continued for several more hours. Had MacWilliams wanted to kill the man he had he opportunity then. He held fire and risked his own safety.

The negotiators tried and failed to end the situation and the incident commander decided to try a non-lethal assault using ARWEN guns with plastic bullets to try and disarm the man.

MacWilliams was designated lethal in that attempt. He was in the sniper seat to provide cover for the ALPHA team when they broke cover to take the shots. They did and the suspect turned toward them with gun raised and MacWilliams did his job. He took the shot, protected his colleagues and took down the armed man.

As MacWilliams said to me after the event, “All my guys got to go home that night, we did our job.” And he is exactly right.

Had the IIO bothered to do their job were they actually competent, they would have interviewed the hostage who had information relevant to the hostage-taker. She would have told them, as she later told me, that the man had said to her when he had a gun to her head that the only way he was leaving the scene was in a body bag. In her mind that meant he was going to commit suicide at his own hand or force the police to shoot him.

You’d almost think that was important info that would corroborate the 22 page statement given by MacWilliams in describing the events of the day. Almost.

Instead they went through an elaborate charade trying to merge three video clips to suggest that MacWilliams fired before he should have and that resulted in him being charged with murder.

Insanity!

MacWilliams went for many months with a murder charge hanging over his head. The stress of the situation affected his life, his family’s life, his colleagues and police officers around the province who worried what might happen if they double-clutched if they were in a similar situation.

I wrote much on the situation exposing the charge for the sham it was. Fortunately, the murder charge was eventually stayed in a rare moment of clarity from the Criminal Justice Branch and MacWilliams was allowed to return to his job serving the citizens of Delta, BC.

Apart from the ridicule I heaped upon the IIO in this, they never suffered any consequences. They still exist and their incompetence is exacerbated with nearly every investigation they do. The police have no confidence in them and nor should the general public.

And even though the Solicitor General, in a rare moment of clarity and common sense, pushed the first Chief Civilian Director Richard Rosenthal out the door early, the stupidity remains.

They recently brought in some experienced, retired police officers to help out with their procedures and training. That was good. But in at least one of those cases they are only having the instructor train new hires in proper major crime investigation techniques. Why not existing investigators so that everyone has the same level of training and information? That’s just plain stupid.

They have hired a new Chief Civilian Director who performed a similar role in Nova Scotia, albeit that model uses seconded, seasoned police investigators instead of the BC model which uses, well, inexperienced civilians with little or no expertise. Indeed, the new CCD, the rather unfortunately named Ronald McDonald, faces a huge challenge to bring credibility to this organization which has become the subject of derision in the policing community.

First indications are not good.

But, in a delicious twist of irony, earlier this week, Delta Police Constable Jordan MacWilliams was summoned to Victoria and, at Government House, was presented with the Award of Valour for his actions on that day at the Starlight Casino.

Well done Constable. The IIO and the CJB should be ashamed for putting him and his family through the stress of a murder charge hanging over his head for all that time just for doing his job.  And the heads of those responsible should roll.

But I won’t hold my breath.

-30-

Leo Knight

@prmetimecrime

Written by Leo Knight

November 23, 2017 at 5:52 pm

Successful campaign, but bitter feeling lingers

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Two weeks ago we started a GoFundMe campaign for Cindy Millington to help her through a tough time while her husband, RCMP Cst. Kwesi Millington, was serving his 30 month sentence after being convicted in a trumped-up charge of perjury.

After running for a week, we had surpassed the target goal of $10,000 and moved the goal to $12,000. Well, that too got passed. I spoke with Cindy and she was overcome with gratitude. We decided to let the campaign run through the long weekend then close it with a big thank you to all of you who supported Cindy. We then started the withdrawal process.

I then left for a pre-planned week in the desert playing golf with some of my retired former VPD friends. When I arrived at our hotel, I received a message from the GoFundMe Community Management Team saying, “It has come to our attention that your campaign may not be compliant with our Terms & Conditions.” They then proceeded to tell me the campaign was suspended pending a response from me.

I promptly responded explaining the situation and said the money was being raised for Cindy to help with the household bills and mortgage payments while her husband was unable to earn money and her salary alone would not cover everything. In the interim, I began getting messages from folks who were trying to donate but the site had been taken down and they were asking why.

I subsequently got this reply from GoFundMe: “Unfortunately, it has come to our attention that your campaign is in violation of the following line from our terms: “the defense or support of anyone alleged to be involved in criminal activity.”

Criminal activity? I was stunned.

What followed was a back and forth to ensure Cindy would be able to collect the donated funds and I’m pleased to say that Cindy has now received an EFT in the amount of $14,136.24.

When Cindy told Kwesi of the campaign he was very moved. Cindy said, “I told him how you created the campaign and it’s been flooded with donations. When I told him we were at $10,000 he said, OMG, I’m gonna cry, that’s amazing.”

While alls well that ends well, I suppose. But I’m still miffed at GoFundMe for the account suspension citing “the defence or support of criminal activity.” This was anything but. Kwesi Millington got steam-rolled by a system looking for scapegoats for political purposes and an employer that stood mute and did not come to the defence of the YVR Four.

Clearly by using the phrase “It has come to our attention…” indicates they got a complaint. Who would complain over this type of campaign? I don’t know. Maybe an anti-police type?Perhaps someone who doesn’t like inter-racial couples? A seniour member of the RCMP who did not agree with my criticism of the Force in this? Who knows?

But, what I do know is the policing community and those who support police came together and supported Cindy and the campaign for the week it ran and I guarantee you not one of those who donated in any way, shape or form defend or support criminal activity. It’s a nonsensical position taken by GoFundMe but at least they allowed Cindy to collect the donated funds, less their commissions of course.

I will stay in touch with Cindy and try and update you on how Kwesi and Monty Robinson are doing as I get updates. Again, thank you to all who supported this campaign. Your generosity is truly humbling and appreciated.

Leo Knight

@primetimecrime

Written by Leo Knight

November 21, 2017 at 6:35 pm

The real price to be paid for a travesty of justice

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Earlier this week the Supreme Court of Canada dismissed the appeals of RCMP members Benjamin “Monty” Robinson and Kwesi Millington and both began serving their sentences, two years less a day and 30 months respectively after totally undeserved perjury convictions.

As I have said previously, this is a travesty of justice. The four RCMP officers who attended a disturbance call at YVR in October, 2007 which resulted in the death of Polish traveller Robert Dziekanski, were just doing their jobs and now are both in prison. I’m disgusted.

There’s a lot of blame to be thrown around here, but none of it is on these members. They were failed by the seniour leadership of the RCMP and failed badly when they would not say publicly that these four officers acted according to their training and RCMP policy.

They were failed by the Braidwood Commission of Inquiry into the death of Dziekanski when Mr. Justice Thomas Braidwood failed to take into account the forensic video analysis of Grant Fredericks which showed demonstrably that the four members were telling the truth and the baying media hounds hadn’t a clue. Yet he sided with the hounds.

They were failed by the gutless politicians who had their own agenda that had nothing to do with justice and the truth.

Of the four, two were acquitted at bar and two were convicted. The two white officers were acquitted. The First Nations member and the black member were both convicted and now jailed. I am not making a specific accusation here, I merely am making an observation of fact.

I spoke with Kwesi Millington’s wife, Cindy, a few days after her husband turned himself in to begin serving his sentence. She was, as you might imagine, very upset. They expect that he will be terminated by the RCMP given the circumstances and that means his paycheque stops. Equally, while jailed he won’t be able to earn at another occupation now that his policing career is over.

Her salary isn’t enough to keep up with the mortgage, bills and legal fees they must now incur to get a parole lawyer to steer that process forward to ensure Kwesi gets parole at the earliest opportunity. She said she’d likely have to sell Kwesi’s car while he was in prison while using up what savings they had.

Kwesi has been transferred into the federal prison system in Kingston, Ontario. He is in protective custody because of his occupation. That means he spends his time in a small cell by himself with just 30 minutes of exercise a day with guards as company.

His first facility there will be for 2-3 months while Corrections Canada bureaucrats assess his case to determine which facility he should be assigned to serve his time. In the interim he won’t be allowed to call Cindy for several weeks until he gets his assigned phone card.

If I told you the whole of this story and how these members have been utterly abandoned by the Royal Canadian Mounted Police and left dangling in the breeze you might dismiss it as improbable fiction. This is the national police force after all. They have an iconic reputation and all that. Surely they would do the right thing, after all, their motto is “Maintiens le droit” – Maintain the right. And surely, you would be wrong.

The once proud force has done exactly the wrong thing in this matter every step of the way and much of it deliberately knowing what would happen to their members. It’s beyond offensive.

For regular readers of this space, my many supporters, police officers, retired and former police officers or just those of you who who can’t stomach injustice, I have set up a GoFundMe account to help Cindy and Kwesi in this trying time.

If you can help, please do. Anything would be welcomed. Here’s the link: https://www.gofundme.com/cindy-kwesi-millington

For the record, Kwesi was a young officer. When he used the Taser that night, it was the first time he’d ever deployed the weapon. When he testified at the Braidwood Commission, it was the first time he had ever testified in any forum.

Robinson was a Corporal in the RCMP. He has a pension and his income won’t suffer during his incarceration. He will, but at least his family will be okay. The circumstances are much different for Cindy Millington. She didn’t sign up for any of this.

She loves her man and was proud of him for what he was doing for a living, knowing all of the potential bad things that can befall a cop. But not this.

Unfair doesn’t even begin to explain what has happened to these four men. Worse for the two who are currently in the prison system. Worse still, for those who love them.

Leo Knight

@primetimecrime

 

 

 

 

 

 

 

Written by Leo Knight

November 6, 2017 at 1:27 am