Calgary Herald

Lawyers want case against convicted officers thrown out

- KEVIN MARTIN KMartin@postmedia.com

Conviction­s against three Calgary police officers in an alleged corruption case should be thrown out because of late disclosure, one of their lawyers said Tuesday.

Defence counsel Paul Brunnen, who represents Bradford McNish, said he received disclosure of a pre-trial statement by the Crown’s key witness just last month, four months after his client was convicted. Brunnen said he and defence lawyers Jim Lutz and Pat Fagan will seek a judicial stay from Justice Bryan Mahoney, which would end their clients’ prosecutio­ns.

“Had we had this informatio­n, we would have proceeded on a different basis,” Brunnen told Mahoney.

Crown prosecutor­s Leah Boyd and Julie Snowdon conducted an interview with Akele Taylor on Jan. 18, in advance of her testimony against McNish, Bryan Morton and Anthony Braile.

Notes of the interview taken by Det. Todd Nichol weren’t disclosed to the defence due to oversight.

“She appears to say things, according to the notes of Det. Nichol, that are contradict­ory to what she said at trial,” Brunnen said.

“This disclosure is quite significan­t,” he told Mahoney. “I would have taken a different tack with a number of witnesses.”

Brunnen said the informatio­n was crucial for the three accused to make full answer and defence in their case, since Taylor’s credibilit­y was the central issue.

“The defence tried to cast her in a bad light,” he said, adding the new informatio­n could have assisted in that endeavour. “The credibilit­y of Ms. Taylor is obviously crucial. This informatio­n appears to contradict some of what she said under oath.”

But Snowdon said the Jan. 18 interview did not disclose any new informatio­n from Taylor.

“We have to disclose them if there is something new, or materially different,” she said.

“We did, in fact, comply with that disclosure requiremen­t.”

In April, Mahoney convicted all three officers of unlawful use of a police computer database.

Morton and McNish were also convicted of breach of trust of a public office, and Morton and Braile were found guilty of criminal harassment and bribery.

The three had been hired to take part in a private investigat­ion into Taylor, which was paid for by her wealthy ex-boyfriend.

Braile was later fired from the force over an unrelated incident, while Morton and McNish remain suspended without pay.

Morton and McNish were to face a sentencing hearing Tuesday, but that has been delayed pending the stay applicatio­n. If Mahoney rejects the stay bid, the lawyers will argue for a mistrial.

The judge will hear arguments Nov. 1

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Bradford McNish

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