Cop says he’s a ‘scapegoat’ in McArthur case
Officer accused of misconduct defends 2016 investigation into alleged strangling attempt
The sergeant facing misconduct charges related to the investigation into Bruce McArthur claims he is a “scapegoat” for the Toronto Police Service, which has faced heated criticism over its handling of past contacts with the now-convicted serial killer.
Sgt. Paul Gauthier is alleged to have conducted a negligent investigation into a 2016 report that McArthur attempted to strangle a man inside his van during a sexual encounter. McArthur was arrested, but was let go with no charges.
In 2017, McArthur killed two more victims, Andrew Kinsman and Selim Esen. McArthur, 67, has pleaded guilty to eight counts of first-degree murder in deaths of men spanning from 2010 to 2017.
Gauthier faces two counts of misconduct — insubordination and neglect of duty — under Ontario’s Police Services Act stemming from the June 20, 2016, incident.
It’s alleged that Gauthier failed to both videotape the victim’s statement and photograph the victim’s injuries within 72 hours, both of which are required by the Toronto police policy on domestic violence investigations.
Gauthier has not made his first appearance at the tribunal, and the charges have not yet been tested in a hearing.
In a letter intended for colleagues, and obtained by the Star on Wednesday, Gauthier claims he conducted a proper investigation into the 2016 allegation against McArthur and that “my employer has effectively set me up to be their fall guy for all this.”
Gauthier’s letter suggests the charges against him are the result of political pressure on the Toronto police service in the wake of earlier errors made by Toronto police Chief Mark Saunders, including his December 2017 comments downplaying concerns that a serial killer was targeting the city’s Gay Village.
“The matter involving Sergeant Gauthier followed a standard internal investigative process,” said Toronto police spokesperson Meaghan Gray. “It will now be considered before the tribunal and, as such, we will not comment further.”
Lawrence Gridin, Gauthier’s lawyer, said his client “maintains his innocence and is obviously frustrated with how he’s been portrayed,” and that the letter was “private communication” to friends expressing that frustration.
“What I can say is that a proper investigation was completed” into the 2016 incident, Gauthier writes in the letter. “Based on years of investigative experience, I didn’t believe there were grounds to charge McArthur with an offence.”
The decision was supported by the on-duty staff sergeant that day, Gauthier said.
Another officer who was a domestic violence investigator took a verbatim statement from the victim, Gauthier said. McArthur was then interviewed on video in the presence of the same officer, “so she could help identify any possible inconsistencies.”
The letter also states that at the time of the 2016 complaint Gauthier did not know about Project Houston, the special investigation into the disappearances of Skandaraj (Skanda) Navaratnam, Abdulbasir Faizi and Majeed Kayhan — the men now known to be McArthur’s first three victims. McArthur had not been “flagged” as having been interviewed as part of Project Houston, Gauthier’s letter said.
Toronto police have previously said dozens of people were interviewed as part of Project Houston. The sentencing hearing for McArthur heard earlier this week that McArthur was interviewed as a witness in the missing persons investigation, and not considered a suspect at the time of the 2016 interview. The same week Saunders made his December 2017 comments, McArthur was considered a suspect in Kinsman’s death and a person of interest in the disappearances of four other men McArthur has now admitted to killing. A “person of interest” is someone whose background or relationship to the victim warrants further investigation, but no evidence currently exists to suggest culpability in connection to the offence being investigated.
Toronto police have previously said McArthur was a suspect solely in Kinsman’s death until Jan. 17, 2018, when there was a major break in the case. Earlier this week, court heard that was the day that police located photographs of deceased victims on McArthur’s digital devices. McArthur had attempted to delete them, but investigators were able to uncover them through forensic analysis.
Through his lawyer, Gauthier has asked for an independent judge to oversee his disciplinary tribunal, rather than a highranking officer chosen by Saunders. He states in the letter that he looks forward to defending the charges.