Watch what you say, and when
Russell Wangersky: I’ve written before about one clear thing coming out of the inquiry into the death of Donald Dunphy: the difference between the investigation of an ordinary citizen and the investigation of a police officer.
I’ve written before about one clear thing coming out of the inquiry into the death of Donald Dunphy: the difference between the investigation of an ordinary citizen and the investigation of a police officer.
For example, in an editorial on Feb. 11, I pointed out how peculiar it is that police officers want to talk to those involved as soon as possible, while, when dealing with a shootings by a police officer, union officials suggest delaying interviews for as much as 72 hours. Why?
Here’s what the then-head of the Royal Newfoundland Constabulary Association had to say about suggesting that Const. Joe Smyth delay giving a statement to the RCMP about Dunphy’s death: “The reason why that’s done is it allows the officer to have a better recall of what took place, and to be able to provide a more accurate depiction of what had actually taken place at the time of the incident,” Const. Warren Sullivan testified at the current inquiry.
RNC Staff Sgt. Tim Buckle echoed that in his testimony: “(The) information that I had received in all cases was that officers should not be providing statements in regard – regarding lethal use-of-force incidents due to the trauma they suffer until at least 24, 48, even – there’s some suggestions that it even be 72 hours is my understanding.”
In all cases.
You’d think the police would want the best statement from everyone — except for the troubling fact that, if you are an ordinary citizen, they’d like it right away, please, despite the issue of inaccuracies.
But that’s not the only apparent double standard.
Here’s Buckle again, suggesting Smyth shouldn’t talk to the RCMP without a lawyer: “(My) understanding at the time was that he was meeting with the RCMP without consultation or presence of a lawyer, and I had concerns about that. … My advice to him would be to prepare a statement with a lawyer as opposed to submitting to an interrogation or interview or process whereby questions are put to him without any preparation or anticipation.”
Fair enough.
But here’s a little snippet from an actual RNC interview in a drug case; I’ll leave names out, because the case is still in progress. Several times, the man being interviewed says he has nothing to say.
“I got nothing to say.”
“I got nothing to say to this, like, I’m sorry, Constable, I’m not saying anything. I’m not being rude or nothing, but I’m not saying anything. My lawyer told me not to speak and that’s it.”
“Look b’y, look, I mean it, I’m not saying anything …”
“I got nothing to say, I’m not saying nothing, I got nothing to say. I don’t know anything you’re talking about and that’s it. I don’t mean to be rude or nothing but I got nothing to say to ye. You can ask me whatever you wants, I don’t know nothing.”
“Well b’ys, you’re not going to ask me questions on that, I’m not answering nothing else for you. I don’t mean to be rude, like I said to you, but I’m not answering no more questions.”
“No … I’m not answering nothing else, but, simple as that.”
Then, there’s this little conversation, between the man being interviewed and an RNC constable. Interview subject: “Well, my lawyer told me not to speak to you. I’m not saying nothing now.”
Constable: “That’s what lawyers always say.”
Interview subject: “That’s it now, I’m not being … I’m not being rude or nothing, but I got nothing else to say.”
Constable: “That’s…that’s what lawyers always say. No big deal about that, every time anybody calls a lawyer, they say don’t say anything. But you know what, it’s not always in your best interest.”
Hmm. Sounds a lot different from the Staff-sgt. Buckle-approved route of written statements and lawyers present.
Doesn’t it?
You’d think the police would want the best statement from everyone — except for the troubling fact that, if you are an ordinary citizen, they’d like it right away, please, despite the issue of inaccuracies.
Russell Wangersky is TC Media’s Atlantic regional columnist. He can be reached at russell.wangersky@tc.tc — Twitter: @ Wangersky.