Association wants group created to prosecute charged police officers

A provincial lawyers’ group is urging the Alberta government to create a pool of experienced prosecutors to handle cases involving charges against police officers.

The policing committee of the Criminal Trial Lawyers’ Association (CTLA) wants the prosecutors to have expertise in police procedures and use of force, and be immune to intimidation and coercion.

“We’ve seen matters where it’s appeared to be obvious to us that a police officer should be charged and prosecuted where it hasn’t happened,” said committee chair Tom Engel. “We’re somewhat baffled about why it didn’t happen, because quite often there’s no explanation.”

The CT LA has sent an open letter outlining its concerns to Alberta assistant deputy justice minister, Eric Tolppanen.

The committee pointed to charges against two Calgary officers involved in the 2008 arrest of Hells Angel member Jason Arkinstall.

Assault charges were laid against Const. Brant Derrick and Sgt. Les Kaminski — the latter also charged with perjury during Arkinstall’s trial two years later.

Charges against the two were dropped in 2017.

The letter says the Arkinstall case raises extremely serious issues, and that the withdrawal of charges against Kaminski brought the “administration of justice into disrepute.”

“With our eye on the Arkinstall matter, we see that a very junior Crown was handling that matter,” Engel said. “He determined whether charges should be laid and prosecuted, and then he took primary conduct of the prosecution.”

The same prosecutor, Engel said, was also assigned to the case against Const. Doug Sherwood, facing charges of assault and uttering threats from January 2015 that were dropped last month.

Another junior prosecutor was assigned to handle aggravated assault charges against an officer involved in the 2013 arrest of Calgary man Godfred Addai-Nyamekye, which were withdrawn in March 2017.

“This creates the appearance to the public — and to lawyers who practise in the area — that the prosecution service don’t think these kinds of prosecutions are as serious as I think the public thinks they are,” Engel said.

“So they don’t devote proper resources to it.”

Specifically referencing the Arkinstall case, Engel said a corps of experienced prosecutors would also be better equipped to handle alleged instances of police pressure or intimidation.

“We have to remember that Sgt. Kaminski is the president of the police union (in Calgary),” he said.

“Who knows what happened behind the scenes? We know from experience and talking to Crown prosecutors who have handled these types of prosecutions that the police will bring pressure, so you have to be courageous to withstand that.”

Don MacLeod, defence counsel for Sherwood, said every case put before the Crown must pass tests assessing the likelihood of a conviction, and if proceeding with a case is in the public interest.

He also doesn’t see the need for special prosecutors to handle charges against police.

“They’re a very well-educated group of people when they arrive in the Crown’s office,” he said.

“They have ongoing, specialized educational programs within the Crown’s office — I’ve found Crown prosecutors in Alberta to be very competent, motivated and professional people who pursue their cases to the fullest extent — both ethically and legally.”

It’s an opinion shared by lawyer Alain Hepner, who defended Kaminski throughout the Arkinstall matter. “Police deserve the same standard of protection as everybody else when they’re charged — they shouldn’t have a different level of prosecutorial servicing against them,” he said.

“That’s not right — everyone should be treated the same, that’s why we have the statue of justice with a blindfold.”

In a statement sent to Postmedia, the assistant deputy justice minister said the CTLA’s letter is currently under review.

“The Alberta Crown Prosecution Service always welcomes discussions about the important work they do, and I have already reached out to Mr. Engel with an offer to set up a time to further discuss the concerns outlined in the letter,” Tolppanen said.

We’ve seen matters where it’s appeared to be obvious to us that a police officer should be charged and prosecuted where it hasn’t happened.