Winnipeg Free Press (Newspaper) - October 07, 2008, Winnipeg, Manitoba
C m y k Page a4 a 4 Winnipeg free press tuesday october 7, 2008 Taman inquiry report Winnipeg repress. Com Best buy correction notice to our valued customers we apologize for any inconvenience caused by an error in our flyer dated october 03 october 09. Product ipod Nano transparent Case. Please note on Page 12 of the october 3 flyer our stores will not have any inventory of this ski due to inventory being pushed Back. Ski 10111057. Presented by Guy Pilc Canada s first mental fitness consultant will help you learn How to keep your brain Sharp and improve your Overall personal Success. To Register Call 204 943 6622, visit alzheimer. My. Ca or email head sup alzheimer. My. Ca free Public health forum limited seating available sponsors Winnipeg tues., oct. 21 7 9 p. M. Brandon wed., oct. 22 7 9 p. M. Hsc support the extraordinary wow. Hsc foundation. My. Ca 204 787 2022 76% of Winnipeg adults in management positions read the Winnipeg free press. 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Attorney general Dave Chomiak delivered the report monday against a backdrop of very High expectations. The Public outrage Over the senseless death of Crystal Taman who was struck from behind by a truck driven by off duty Winnipeg police officer Derek Harvey Zenk has burned hot in this province for Many months. Although it is impossible to satisfy everyone Chomiak and inquiry commissioner Roger Salhany exceeded most of those expectations. Two of the East st. Paul police officers responsible for corrupting the investigation of Derek Harvey Zenk former chief Harry Bakema and former Constable Kenneth Graham will be subject to a criminal investigation for obstruction of Justice. The troubled East st. Paul police Force has been disbanded. As of today policing in the bedroom Community will be handled by the ramp. Marty Minuk the Independent prosecutor who agreed to a plea bargain that allowed Harvey Zenk to get off with no prison time was rebuked for bringing the Justice system into disrepute. Perhaps most importantly the nip government will create an Independent investigations unit to handle All criminal investigations of police officers. It May seen at first Blush that the East st. Paul police Are bearing the Brunt of Sal Hanys report. The officers who botched the investigation Are As they have always been the authors of this miscarriage of Justice. Their actions were the seeds for All the misery that came afterwards. What of the others Harvey Zenk could not be charged again for Tamanis death. He was never destined to suffer anything other than additional Public humiliation. The Winnipeg police service officers who drank with Harvey Zenk first at a Winnipeg bar and then at const. Sean Blacks East st. Paul Home Are another Story altogether. Not smart enough to avoid getting behind the wheel after a night of excessive drinking the band of police Brothers and Sisters who appeared before the Taman inquiry were just smart enough to avoid having to face criminal charges for their wilful dishonesty. Their inability to recall even the simplest of details from that fateful night protected them from punishment. There was simply not enough corroborating evidence to prove How drunk Harvey Zenk or any of the other officers were that Early morning. Records from the bar they attended mysteriously disappeared. Recollections were conveniently murky. As a result the evidence presented at the inquiry fell agonizingly Short of the threshold for criminal charges. Salhany did not believe their assertions of group memory loss but he could Only embrace deliberate and obvious understatement to demonstrate his contempt. If they were unable to do so the reason probably lies in the fact the officers had a great Deal More to drink at Blacks residence than they were prepared to admit Salhany said. And then there is the Issue of Minuk and his masters at Manitoba Justice. Minuk has always maintained that he could not save the Case. According to Salhany Minuk did not do the hard work needed to keep this Case on track and sold out the interests of Justice for a Quick tidy Deal to dispose of Harvey Zenk with As Little trouble As possible. That is a damning indictment of the handling of this Case. Despite this Chomiak has decided to use kid gloves with the prosecutions Branch. He directed Manitoba Justice to reconsider All contracts with Independent prosecutors and use a larger Pool of private bar lawyers to act when a Case cannot be handled by line prosecutors. He did not however direct Manitoba Justice to end its relationship with Minuk. As incredible As it was that the police officers could not remember How much Harvey Zenk had to drink it is equally incredible that Minuk and his handlers at Manitoba Justice did not see a Way to sustain this Case. The police investigation was a travesty but Salhany found there was still enough evidence to strike a harder bargain and seek a tougher sentence. Unfortunately blinded by the fact Harvey Zenk was a cop neither Minuk nor the senior prosecutors who oversaw his work saw an Opportunity for Justice. Viewed in its entirety there is Progress and Hope in this report. But there is also despair. The police officers who drank with Harvey Zenk the night Taman was killed and the prosecutors who failed to hold him accountable no doubt consider themselves Lucky today. Unfortunately their Good Luck is our misfortune. Dan. Lett free press. My. Ca Progress of Justice the Only Good news looks like True Reform will come from tragedy Dan Lett the government will create an Independent investigations unit to handle All criminal investigations of police officers More from the report it is Clear that the investigation of the Accident conducted by the East st. Paul police department was flawed to such an extent that a successful prosecution of Derek Harvey Zenk was rendered fatal from the time that Bakema and Graham arrived at the scene. The third thing East st. Paul const. Jason Woychuk was told by former East st. Paul chief Harry Bakema was not to do anything. And Woychuk did As instructed nothing. He did nothing to investigate whether Zenk had committed an alcohol driving offence even after a paramedic who later attended to Zenk signalled to Woychuk that Zenk had been drinking. It is Clear that bake maps conduct indeed his misconduct had a devastating effect on the ability of a prosecutor to proceed with alcohol related charges against Zenk. I am satisfied that Bakema not Only falsified his own notes and reports to create a false impression of his own actions he also prompted Woychuk to falsify his notes. I am also satisfied that Bakema told Woychuk not to record what he said about Zenkus condition that he was pissed or impaired or possibly impaired or what. The ambulance attendant said. I find it difficult to accept that 10 officers in close proximity to one another in officer Sean Blacks Kitchen for a couple of hours would be unable to say whether Zenk had too much to drink or were unable to comment on Zenkus condition to drive Home after leaving Blacks residence. If they were unable to do so the reason probably lies in the fact the officers had a great Deal More to drink at Blacks residence than they were prepared to admit. I am satisfied that Minuk failed to comply with the provisions of the victims Bill of rights. Implicit in that duty is the obligation to provide accurate information to the victim and his or her family. Minuk gave inaccurate information to Robert and his family. Ken Gigliotti / Winnipeg free press the Taman family talks to the press monday. They Are confident that real changes to the Justice system Are coming. Taman inquiry commissioner Roger Salhany web poll vote online at Winnipeg repress. Com do you agree with the decision to have the ramp take Over the East st. Paul police Force a 04_ oct 07 08. Ind a4 10/ 7/ 08 12 13 09 am
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