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Saturday, March 21, 2009

Two OPP officers charged, Daddy Dalton where does it all end!


The two ever so helpful OPP constables will be able to exercise the Rights as a Canadian Citizen, and receive their day in court, with no up front penalties!


March 21, 2009
Emma Reilly
The Hamilton Spectator


Two OPP officers face mischief charges after allegedly helping native protesters block construction on a Hagersville development site.

Jeff Parkinson, the author of the blog Caledonia Wake up Call, alleges that in May 2007, two officers helped build a fence to keep a developer from getting access to his property.

Parkinson, who says he caught the interaction between the officers and protesters on video, filed the private charges against the officers.

"It's been my view that there's been a lack of accountability since the beginning, and that's something that needs to change," Parkinson said of his decision to pursue the charges.

OPP Sergeant Dave Rektor confirmed the two constables have been served and will face mischief charges in Cayuga court March 25.

He also confirmed they were laid by a private citizen and concern an incident at a development site in Hagersville some time ago.

"I really can't say too much about the case at this time as it is before the courts," he added.

Parkinson said he's been fighting to have the officers charged for nearly two years.

He filed a complaint about the officers' behaviour to the Ontario Civilian Commission on Police Services in the summer of 2007, which rejected it. A subsequent appeal was also rejected.

In March 2008, Parkinson decided to file criminal charges privately. The battle ultimately went to Superior Court.

Parkinson, an associate of Caledonia activist Gary McHale, said he's likely spent "100 hours, very likely a lot more" on the case.

"I'm proud of having stuck with this and a little bit frustrated with all the effort that it took."

Charged are Constables Christopher Galeazza and Rick Fraracci.

http://www.thespec.com/article/534104

Wednesday, March 18, 2009

More Hysterical Non-Sense


Yet another appeal from the Fantino circus, where does it all end, how many judges, adjudicators and how many tax dollars are being wasted on this garbage.

Two Biased adjudicators and SEVEN judges don't see anything wrong, but Julian Fantino is getting the short end of the stick AGAIN, just ask him!


Fantino seeks to appeal ruling over adjudicator at charged discipline case
6 days ago


TORONTO — Ontario Provincial Police Commissioner Julian Fantino isn't giving up his quest to have an adjudicator tossed from hearing a troubled disciplinary case that features accusations of witness tampering, petty malice and political interference.

Fantino's lawyer said Wednesday his client is hoping the province's top court will hear his contention that the adjudicator has shown bias against him, even though two courts have already rejected the complaint.

"The issue is a very important one," lawyer Tom Curry said.

"The need for impartiality in a police discipline case of this sort raises an important issue of the public interest."

On Tuesday, a three-judge Divisional Court panel rejected Fantino's complaints against retired justice Leonard Montgomery in the fractious case.

Montgomery has been presiding over a hearing involving two senior members of Ontario Provincial Police whom Fantino has charged with misconduct under the Police Services Act.

The hearings have increasingly focused on Fantino's motivations for charging Supt. Ken MacDonald and Insp. Alison Jevons.

Their lawyer Julian Falconer has argued Fantino laid the charges to appease the police union and because he suspected MacDonald of leaking information.

The commissioner has strenuously denied those allegations.

During the hearings, Montgomery clashed with Fantino and prosecutor Brian Gover, who requested last fall that Montgomery step down. Gover said the provincial attorney general backed the request.

Montgomery complained Gover was trying to intimidate him and decried any government involvement in the quasi-judicial process.

Curry said he would try to force a stay of the hearings while the Appeal Court decides if it will review the lower court decision.

Falconer maintains Fantino is using legal machinations to avoid having to testify further.

"My clients' instructions are to resume the cross-examination of the commissioner at the earliest possible juncture," Falconer said Wednesday.

"There is no merit to the allegations of bias against Justice Montgomery, and it is high time that the commissioner return to the witness stand."

Curry rejected suggestions that Fantino is wasting public money by pressing the bias issue.

"There isn't any squandering of resources to have a decision like this made where the underlying case in the discipline proceedings is important," Curry said.

The labyrinthine affair began in April 2004, when Susan Cole of Gananoque, Ont., called 911 to say her estranged husband, provincial police Sgt. Paul Alaire, had taken a baseball bat to her car.

Cole complained the responding officers asked her to leave her home rather than arrest Alaire. The civilian agency that oversees police ordered a probe.

MacDonald and Jevons investigated Cole's complaint, and concluded the responding officers had not followed proper procedure.

Fantino charged the pair two years ago with misconduct in relation to their investigation.

Monday, March 16, 2009

Habitual Heidi?


Lots of questions need to be answered, but never will, this 6 month limitation is a cats ass if your a police officer, just ask Sergeant Kevin Dhinsa!

Juicy Stuff originally posted, 12 Feb 2009 http://www.gorskiconsulting.com/news.php

By pure coincidence I happened to flip through the National Post newspaper yesterday and came across the following article "Police car impounded after officer allegedly clocked at 165 km/h". The article indicated:

"The OPP intelligence officer, driving an unmarked OPP car, was stopped by a fellow officer on Highway 403 near Brantford Ontario for travelling 65 km/h above the posted of 100 km/h limit, according to the OPP. The subsequent investigation found the officer was not within the lawful execution of her duties at the time. In accordance with so-called street racing rules under the Highway Traffic Act - defined as driving 50 km/h over the limit - Detective Constable Heidi Fischer had her driver's license suspended and the police car was impounded, both for seven days."

This would simply have been another news eye-catcher except for one important fact - I had just recently reconstructed a collision involving a Constable Heidi Fischer where it was determined that her unmarked OPP police cruiser was travelling 168 km/h as she crested a hill and collided with a left-turning Caravan operated by an elderly female driver. Her speed was derived from the vehicle's event data recorder ("black box") whose data was not downloaded by police investigators until forced to by the defense. Despite the elderly woman's injuries the investigating officer, who happened to be Constable Fischer's supervising sergeant, claimed he received erred information and this was the reason why he did not transfer the investigation over to Ontario's Special Investigations Unit (SIU).

Still further, statements taken from officers involved were not taken until months after the event yet those statements contained remarkably, and exactly, the same erred information as the error contained in a witness statement which seemed to support the officer's story. Meanwhile, a second witness, who was within point-blank contact with officers at the site and who saw the complete incident, and who had the best view of the events, was not interviewed nor was he identified in any police documents. The only reason why he was eventually identified was that he lived at the site and approached me with curiosity as I conducted my examinations.

My eventual analysis would have demonstrated that, at such a high approach speed, the short viewing distance over the hillcrest, the fact that the elderly driver had to search for the unmarked cruiser from behind her in her mirrors (including a darkly tinted rear window) would have made it extremely unlikely that a normal, law-abiding, elderly citizen could be expected to react to the situation any better. Despite informing the OPP reconstructionist and the prosecutor of these facts the prosecutor pursued a charge of "fail to yield the right of way" against the female driver. In a remarkable set of circumstances, even her own defense paralegal would not put questions to me on the witness stand that would allow my evidence to be heard and the Justice of the Peace also refused to listen to my objection citing the fact that I was "speaking out of turn" when I stated that not allowing this evidence to be heard was improper.

Despite all scientific reason, the elderly driver was convicted on the fail-to-yield charge. While my advice to her was that she should appeal and file a complaint with the Ontario Civilian Commission on Police Services (OCCPS), she was so traumatized by what she termed the "corruption" of the police that she did not want to have any further part of it. My own filing of complaints to the Ontario Attorney Generals office was met with resistance in that I was not the primary party involved in the matter and therefore the Attorney Generals office did not have to reply to my complaint. Similarly, a complaint to the OCCPS was met with similar bureaucracy as they stated the collision date of October 22, 2005 was well beyond the limitation of 6 months to which they will respond to complaints. This despite that the trial events were concluded only a couple of months prior to the filing of my complaint.

In all, it shows how improperly the justice system can function. Constable Heidi Fischer made an honest and understandable mistake to travel at extreme speed to an emergency without taking proper care that she not create a further emergency by causing an accident . The accident that occurred was narrowly short of being fatal as Constable Fischer was able to brake and steer sufficiently to direct the impact away from the the elderly driver's door. But a fraction of a second would have resulted in a fatality. Despite this, her supervising sergeant failed to conduct a proper investigation, and either failed to understand the dangerous actions of Fischer, or simply knew the facts but determined he was going to change them. By failing to report the incident to the SIU and by conducting the investigation on his own, despite the conflict of interest as he was responsible for the actions of the officers under his shift, he created the perception that the OPP attempt to hide their misbehavior's and look after themselves. The elderly driver involved was a respectable person who will undoubtedly spend the remainder of her few years talking to others in her community and to her family and the result will be a damaging of the police reputation in the local area. I have spent a number of years interacting with good police officers who have conducted themselves fairly and properly and they do not deserve the fallen reputation as a result of the OPP's failure to review and respond properly.

Apparently there are honest OPP officers in the vicinity as evidenced by the charge laid against Constable Fischer in the noted newspaper article. And this is not to place blame solely on Constable Fischer. By not addressing her problem driving the OPP are creating dangerous situations where constables are unaware of the dangers they are creating. Citizens cannot move out of the way of any vehicle travelling 168 km/h over a hillcrest from behind them. Add the difficulties that an elderly driver has in making such perceptions and the apparent lack of analysis and understanding by the OPP this is a disaster just waiting to re-occur.


http://www.gorskiconsulting.com/news.php

Sunday, March 15, 2009

Another officer on criminal charges!


Another shocker, one of Julian's crew is up on criminal charges, I'm sure she is a great cop, outstanding community member and will no doubt be collecting full pay while all this hysterical nonsense goes through the courts while she exercises her Guaranteed Rights as Canadian citizen!

Mar 15, 2009 04:30 AM
THE CANADIAN PRESS

ORILLIA – An Ontario Provincial Police officer faces several charges, including attempted murder, in connection with a fire at a home in Timmins.

Detective Constable Cecile Fournel, 52, is also charged with arson, disregard for human life and administering a noxious thing, according to an OPP press release.

She is being held in custody until she appears in a Timmins court tomorrow.

The Timmins Fire Department responded to a house fire on Feb. 25, according to the release.

The lone female occupant managed to escape unharmed, but the fire caused extensive damage to the house.

The statement says Detective Constable Cecile Fournel and the female occupant are known to each other outside of the officer's professional duties.

Detective Constable Cecile Fournel is a 10-year member of the OPP and is stationed at the South Porcupine detachment.

She has been suspended from duty.

The investigation into the fire was conducted jointly by the Timmins Police Service and the OPP, who describe the case as an isolated incident.(lets hope so)


http://www.thestar.com/News/Ontario/article/602631

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