McNish’s lawyer wants one charge dismissed
Crown must show officer’s ‘ulterior purpose,’ court told
Allegations against Bradford McNish that he criminally breached his duties as a police officer should be thrown out before he testifies, his lawyer argued Monday.
Defence counsel Paul Brunnen said there was insufficient evidence for Justice Bryan Mahoney to even weigh in determining if McNish, one of three Calgary police officers on trial, is guilty of a breach of trust by a public officer.
“The Crown must show an ulterior purpose and that ulterior purpose must be for some corrupt, dishonest … behaviour,” Brunnen said, in seeking a judicial stay on one of the three charges for which McNish is on trial.
Brunnen said there has to be actual evidence for the judge to infer dishonest behaviour.
“Mistakes, errors of judgment, et cetera ... are not sufficient,” he said.
The lawyer said the Crown must establish evidence of “corruption, improper purpose, dishonesty.
“The ulterior purpose has to be identifiable.”
BRIBERY
McNish, Anthony Braile and Bryan Morton each face charges of bribery and unlawfully using a police computer system.
Braile, who has since been fired from the Calgary Police Service over an unrelated incident, faces an additional charge of criminal harassment and McNish the extra allegation of breach of trust by a public officer, while Morton faces both additional accusations.
Brunnen, who said McNish will be testifying after Morton is called to the stand by his lawyer, Jim Lutz, said his client should not have to defend the third charge he faces.
Defence counsel Pat Fagan said he would not be calling any evidence on behalf of Braile after Crown prosecutors Leah Boyd and Julie Snowdon commenced proceedings Monday by closing their case.
NO DIRECT EVIDENCE
Brunnen said the evidence against McNish simply doesn’t show any activity by the accused which could amount to a breach of trust of his duties as a police officer.
“There is not direct evidence against him that indicates a breach of trust relative to any of the actions he did.”
But Snowdon said there was sufficient evidence for Mahoney to consider the breach of trust charge.
She said the Crown’s case includes evidence supporting the allegation McNish improperly used the police data systems, the Canadian Police Information Centre and the Police Information Management System.
“It’s not a high threshold test … it simply asks if there’s some evidence on each of the elements of the offence,” she said.
Snowdon said there was evidence for Mahoney to weigh suggesting McNish sold CPIC and PIMS information to security expert Steve Walton, a former Calgary police officer hired by a wealthy Calgary businessman to look into his exgirlfriend.
Mahoney will make a decision Tuesday.