Dec 08, 2008 06:11 PM
THE CANADIAN PRESS
A three-judge panel has decided OPP Commissioner Julian Fantino does not have to continue testifying at a disciplinary hearing against two officers.
Fantino was due back on the cross-examination hot seat tomorrow morning.
Fantino's lawyers asked the Divisional Court panel to set aside an earlier ruling that the disciplinary proceedings should go ahead.
They wanted the stay until they can appeal to the courts next month that the adjudicator in the hearings is biased against Fantino and the panel agreed.
The officers' lawyer called the stay action an unprecedented attempt by Fantino to avoid further cross-examination about his handling of their situation.
The lawyer said there was no evidence the adjudicator was biased, and accused Fantino and his legal team of "cagey chess playing".
Showing posts with label Jevons. Show all posts
Showing posts with label Jevons. Show all posts
Tuesday, December 9, 2008
Friday, November 28, 2008
How many nail's are needed for his own coffin?
Fantino will have to resume testifying at OPP hearing
Ontario's Divisional Court has rejected a move by the head of the OPP to stop a disciplinary hearing involving two high-ranking officers.
OPP Commissioner Julian Fantino was halfway through a tough cross-examination last month, facing accusations of abuse of power, when he tried to shut down the hearing, accusing the adjudicator of bias.
The hearing in Orillia was investigating whether Supt. Ken MacDonald and Insp. Alison Jevons — who were charged with neglect of duty over their handling of an internal investigation in Eastern Ontario — are victims of a political witch hunt by Fantino and the OPP union.
On Thursday, Superior Court Judge Janet Wilson of Ontario's Divisional Court ruled against Fantino.
"Most importantly ... [the court] found that it was inappropriate to have stopped the proceedings midway into Commissioner Fantino's cross-examination for the purposes of going to the higher courts," said Julian Falconer, the lawyer for the two accused officers.
Falconer went on to say that he was relieved by the decision.
"I think these interruptions do nothing but create longer, larger proceedings and expenses that are simply crushing for these officers. They are anxious — from a reputation point of view and their ability to do their jobs as police officers — to bring this to an end," he said.
Fantino has said suggestions he is abusing his power are "hysterical nonsense."
MacDonald and Jevons were ordered to look into why OPP supervisors in Eastern Ontario looked the other way when a local officer allegedly took a baseball bat to his wife's car.
When MacDonald and Jevons concluded there was misconduct, the police union filed a complaint claiming major problems with the whole investigation. Fantino, then fresh to the commissioner's job, ordered a review of the findings. He later agreed with the union and charged the two senior officers with neglect of duty and deceit for their handling of the investigation.
In turn, the two officers have charged Fantino with abuse of power.
No date has been set for the resumption of the hearing. When it gets going again, Fantino is expected to return to the witness box to face more questions about his involvement in the case.
http://www.cbc.ca/canada/toronto/story/2008/11/28/opp-fantino.html
Ontario's Divisional Court has rejected a move by the head of the OPP to stop a disciplinary hearing involving two high-ranking officers.
OPP Commissioner Julian Fantino was halfway through a tough cross-examination last month, facing accusations of abuse of power, when he tried to shut down the hearing, accusing the adjudicator of bias.
The hearing in Orillia was investigating whether Supt. Ken MacDonald and Insp. Alison Jevons — who were charged with neglect of duty over their handling of an internal investigation in Eastern Ontario — are victims of a political witch hunt by Fantino and the OPP union.
On Thursday, Superior Court Judge Janet Wilson of Ontario's Divisional Court ruled against Fantino.
"Most importantly ... [the court] found that it was inappropriate to have stopped the proceedings midway into Commissioner Fantino's cross-examination for the purposes of going to the higher courts," said Julian Falconer, the lawyer for the two accused officers.
Falconer went on to say that he was relieved by the decision.
"I think these interruptions do nothing but create longer, larger proceedings and expenses that are simply crushing for these officers. They are anxious — from a reputation point of view and their ability to do their jobs as police officers — to bring this to an end," he said.
Fantino has said suggestions he is abusing his power are "hysterical nonsense."
MacDonald and Jevons were ordered to look into why OPP supervisors in Eastern Ontario looked the other way when a local officer allegedly took a baseball bat to his wife's car.
When MacDonald and Jevons concluded there was misconduct, the police union filed a complaint claiming major problems with the whole investigation. Fantino, then fresh to the commissioner's job, ordered a review of the findings. He later agreed with the union and charged the two senior officers with neglect of duty and deceit for their handling of the investigation.
In turn, the two officers have charged Fantino with abuse of power.
No date has been set for the resumption of the hearing. When it gets going again, Fantino is expected to return to the witness box to face more questions about his involvement in the case.
http://www.cbc.ca/canada/toronto/story/2008/11/28/opp-fantino.html
Sunday, October 19, 2008
Another nail in the coffin!
Ontario Provincial Police Commissioner Julian Fantino testified against two of his top officers at a disciplinary inquiry on Friday, saying their allegations against him are "hysterical nonsense."
The hearing against Supt. Ken MacDonald and Insp. Allison Jevons is being held at OPP headquarters in Orillia. MacDonald used to head the unit that probes internal corruption and Jevons was a senior investigator in the unit. Both now face charges of neglect of duty and deceit.
They claim they are victims of a witch hunt inside the OPP being orchestrated by Fantino and the head of the OPP union, the Ontario Provincial Police Association.
MacDonald and Jevons were ordered to look into why OPP supervisors in eastern Ontario looked the other way when a local officer allegedly took a baseball bat to his wife's car.
When MacDonald and Jevons concluded there was misconduct, the police union filed a complaint claiming major problems with the whole investigation.
Fantino, who was fresh to the job as commissioner, ordered a review of the findings.
He later agreed with the union and charged the two senior officers with neglect of duty and deceit for their handling of the investigation.
MacDonald and Jevons, however, are fighting back and in the process have made their own allegations.
Part of the evidence is an e-mail in which the union said it wanted to "Take down MacDonald."
MacDonald and Jevons also claim Fantino bowed to union pressure.
Days before charging MacDonald, Fantino asked another senior officer, "Are you going to execute the disloyal one, or am I?"
Fantino learned the senior officer made notes of the comments. The defence claims that when Fantino learned those notes were about to become evidence, the officer was told he was being transferred to North Bay.
Lawyers for the two accused say that amounts to witness tampering.
During Friday's hearing, Fantino called the allegations "hysterical nonsense."
The OPP commissioner denied he was bowing to pressure from the OPP union.
Fantino also denied any personal vendetta against MacDonald and Jevons.
Why then, Fantino was asked, did he ask senior commanders, "Are you going to execute the disloyal one, or am I?"
Fantino explained: "I tend to use police-appropriate language. I often use the word 'execute' [meaning] forceful.... It just brings humour to the situation."
Fantino was then asked why he transferred one of the commanders to North Bay almost immediately after learning the officer made notes about the comments about executing disloyal officers.
At that point, Fantino became angry, calling the notes "cheat notes."
"People who know me wouldn't hold onto those notes," he said.
Fantino denied it was a reprisal and said the transfer was part of a regular OPP restructuring.
MacDonald and Jevons have filed a motion claiming they are victims of abuse of process and are asking the charges be thrown out.
http://www.cbc.ca/canada/toronto/story/2008/10/17/opp-fantino.html#socialcomments
The hearing against Supt. Ken MacDonald and Insp. Allison Jevons is being held at OPP headquarters in Orillia. MacDonald used to head the unit that probes internal corruption and Jevons was a senior investigator in the unit. Both now face charges of neglect of duty and deceit.
They claim they are victims of a witch hunt inside the OPP being orchestrated by Fantino and the head of the OPP union, the Ontario Provincial Police Association.
MacDonald and Jevons were ordered to look into why OPP supervisors in eastern Ontario looked the other way when a local officer allegedly took a baseball bat to his wife's car.
When MacDonald and Jevons concluded there was misconduct, the police union filed a complaint claiming major problems with the whole investigation.
Fantino, who was fresh to the job as commissioner, ordered a review of the findings.
He later agreed with the union and charged the two senior officers with neglect of duty and deceit for their handling of the investigation.
MacDonald and Jevons, however, are fighting back and in the process have made their own allegations.
Part of the evidence is an e-mail in which the union said it wanted to "Take down MacDonald."
MacDonald and Jevons also claim Fantino bowed to union pressure.
Days before charging MacDonald, Fantino asked another senior officer, "Are you going to execute the disloyal one, or am I?"
Fantino learned the senior officer made notes of the comments. The defence claims that when Fantino learned those notes were about to become evidence, the officer was told he was being transferred to North Bay.
Lawyers for the two accused say that amounts to witness tampering.
During Friday's hearing, Fantino called the allegations "hysterical nonsense."
The OPP commissioner denied he was bowing to pressure from the OPP union.
Fantino also denied any personal vendetta against MacDonald and Jevons.
Why then, Fantino was asked, did he ask senior commanders, "Are you going to execute the disloyal one, or am I?"
Fantino explained: "I tend to use police-appropriate language. I often use the word 'execute' [meaning] forceful.... It just brings humour to the situation."
Fantino was then asked why he transferred one of the commanders to North Bay almost immediately after learning the officer made notes about the comments about executing disloyal officers.
At that point, Fantino became angry, calling the notes "cheat notes."
"People who know me wouldn't hold onto those notes," he said.
Fantino denied it was a reprisal and said the transfer was part of a regular OPP restructuring.
MacDonald and Jevons have filed a motion claiming they are victims of abuse of process and are asking the charges be thrown out.
http://www.cbc.ca/canada/toronto/story/2008/10/17/opp-fantino.html#socialcomments
Subscribe to:
Posts (Atom)
