Times Advocate, 1993-05-19, Page 2a
X0;2 'May 49,1983
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EXETER - While's persons appeared in Provincial *Mit ttiExet-
er lost Tuesday morning on a total of 50 charges, all but tour were re-
manded or adjourned, most to June 22.
In those dealt with, Graig MacEachem of 762 Secondatreet in Lon-
don was given 90 days to pay a fine of $400 for theft of meat from
the EMA grocery store in
Exeter on February 27,
1993.
The accused was appre-
hended by Vfo.sat employ-
ees in the parking lot after
being followed out with
an armful of meat without
checking it out.
MacEachem's lawyer said his client regrets and is ashamed of what
he did. It was unplanned, he was hungry and didn't have any money.
Restitution of $25.47 has since been made.
Verdict reversed
Terry Underhill of 142 Algonquin, Huron Park will pay a fine of
$300 and have his driving licence suspended for one year as the re-
sult of an incident on October 27, 1991.
Underhill was stopped onthat date on a routine police check by
Constable Weernink of the Exeter OPP detachment and his blood al-
cohol caruentwas found to be above the acceptable limit.
In aotIr irefebruary of 1992, Underhill was acquitted, but the
crown appealed and on August 31 of the same year, the verdict was
reversed. -
Assault
' James Crown of 310 Carling street in Exeter was given a year's
?supsended sentence after being found guilty of assaulting his wife
Lorena Fink -Crown on December 18, 1992 in-Hensall.
-The court was told after a verbal argument and his wife had gone to
sleep, Crown woke her up, shook her and she fell out of bed.
In addition to the suspended sentence, His Honour Judge J. Men-
zies of London suggested counselling if recommended by the proba-
tion officer.
'IBACover 80
Fines of $300 each were imposed on Patrick D. Pear of.Centralia
on -two charges of operating a motor vehicle with a blood alcohol
content over .80 and refusing to take a breathalizer test.
On January 26, 1993, Pear was noticed by an OPP officer driving
uin:an erratic manner in the Centralia area. He drove into a laneway,
_ .close to his Centralia home and when trying to back out was stopped
',softy the officer.
News tip? Call the T -A
art235-,
124
hours
Youths
charged with
theft .of gas
EXETER - The Exeter OPP have
oharged eight young offenders with
steeling gasoline from a residence
in Stephen Township.
The gasoline was stored in a tank
at a farm residence.
A Grand Bend youth has also
been charged with several break,
enters and thefts in the area. Police
believe the crimes were committed
over the past two years.
The break-ins, say police, Were. at
cottages and businesses in the
Grand Bend area. The OPP say
their investigation is continuing.
Police are also investigating the
stheft of an aluminum fishing boat
-'from the St. Joseph area. The OPP
stay the boat also has aluminum
- -.seats.
Exeter OPP
investigate
two collisions
EXETER - The Exeter OPP in-
vestigated two traffic accidents last
Wednesday.
Two vehicles were involved in a
collision on Victoria Street in Cre-
diton. A car driven by Heidi La-
belle of RR I Crediton collided with
a pick-up driven by Dean Allen of
Crediton. Although police report
considerable damage to the vehi-
cles, no injuries were reported.
A deer was struck and killed on
Concession 2-3 in Stephen Town-
ship that same day. The collision
with the deer caused considerable
damage to the Jeep Cherokee being
driven by Jonathan Shepherd of
London.
Police are cautioning motorists
that deer are particularly active at
this :time of year, and that drivers
should be un 'the lookout for them
grazing near local roadways.
Matt eW ff
"Yes, because if you land
on your head when you
fall off your bike you
could get brain tlalnatge"
Kentee Ralttana
"If you wear a
bike helmet it
could save
your life, so I'm
going to wear
one."
Ben Parsons
"If you get hit by a cert
might save your life. I'm
going to wear one but I
don't have it yet."
Sarah Walker
"I've seen lots of people
fall off their bikes and fall
on their head. If that was
me I'd want to have a hel-
met on, so I'm going to
wear one."
Dolly Chansamone
"-Even though you look
likea.nerd with a helmet
on they can save
your life."
Chantal Schwartz
"1 think my younger
brother Kyle should wear
a helmet so he doesn't
get hurt. If he wears one
will too."
!mage.
•Wednesday's hearing began with
'questions from J.R Caskey, legal
soounsel for Jack Harkness. Caskey
;asked Shaw about deteriorating re -
stations between the board and po-
lice chief.
Shaw said early in 1992 members
of the board felt unwelcome and al-
sienated at the police .station. -"By
:-?April, Harkness verbalized this. to
us," he said.
•Referring to minutes from an
-,April 7 meeting, Caskey asked -why
Stan officer was dealing directly. with
,tate board for payment of a ring
damaged while on duty. The offi-
cer's request, he said, should have
-been given to the chief as outlined
in the Police Services Act.
Under normal circumstances this
would occur, Shaw said. Illut.lhc
:anality rayed down by rhe police
,Services Act doesn't• exist in Eeet-
+Referring again to the Police
;;Services Act, Caskey asked why
Abe board didn't hold a hearing in-
aatead of terminating Harkness.
Shaw.said he interpreted the Act
to mean they had an option to hold
.s a hearing or not. "By September 7,
,asnembcrs of the board were worried
tgsbout the safety of the officers,"
Shaw said of the board's decision.
"We used a strategy to solve a
problem as quickly as possible. We
didn't think we had the luxury of
time for a hearing."
-Under cross-examination by
board lawyer John Judson, Shaw
bold the inquiry he had no doubt
that then board chairman Sharon
Wurm's fears about threats made to
her by the chief were genuine. He
said he was present when she re-
ceived a call from him.
"But again with a great deal of vi-
olence and insulting language...she
didn't get a lot of rest that night, 1
understand," said Shaw.
•Judson asked Shaw if he recalled
an incident between the chief and a
youth on a probation order. Shaw
explained he was told the chief
chastised the youth for arriving at
the police station to report in after 4
p.m., even though theor-
der specified the hours ofm
ou. to
6 p.m.
•Shaw also said he was aware of
an incident involving a high school
student who was waiting at the sta-
tion with her mother to report an
assault on her at the school.
Shaw said the mother spotted the
chief and asked "can you look after
my daughter'?'
1,
v :ionbetween police board and chief
I understand [Harkness) word.
were 'you're number six on my f ---
-g list of priorities and if you wan
to move up to number two you'l
have to sit quiet and wait there','
said Shaw.
-Judson asked Shaw how he felt
about the chief not attending any
police board meetings after his No-
vember 15 reinstatement without
legal counsel present.
"1t told us, I think, the thief didn't
feel comfortable with us alone,"
said Shaw. "The atmosphere was
always very cold...always factual."
•Shaw told the inquiry that during
:Harkness' hiatus from the police
face, 'sergeant Brad Sadler had
been able to control expenditures to
the point where it looked like the
compromise budget of $543,000
might be met.
However, after Harkness re-
turned, the chief began to use his
$500 spending authority to pur-
chase equipment without .consult-
ing with the board, observed Jud-
son, to which Shaw agreed.
Judson showed the inquiry two
consecutively numbered receipts
from a Toronto company. one dated
December 8, 1992, the other Dc-
cember 11, for the purchase of po-
lice body armour. One bill was for
$482, the other for $481.
"If they had been properly or-
dered on one order, they wouldn't
have been within his jurisdiction?"
asked Judson.
"Yes," replied Shaw.
•In late 1992, Shaw said the
board was told by the chief the offi-
cers wanted to clear off their accu-
mulated overtime - which is usually
given as extra time off. After pay-
ing the officers for the overtime,
the board discovered they were
misled, said Shaw.
"Some of the officers were con-
cerned. They didn't want the mon-
ey, they wanted Ilio time off," said
Shaw.
•In January 1993, the chief told
the board -he was not recommend-
ing constable Dwight Monck's pro-
motion. Shaw said Harkness reit]
the board sergeant Brad Sadler had
filed an evaluation of Moak, but
that evaluation had gone missing.
"He said the evaluation by Sadler
was negative, and he concurred?"
asked Judson.
"Right," said Shaw, but explained
at the next board meeting Harkness
wanted the minutes changed to
show Sadler had recommended
Monk's promotion, but that Ux'
chief overruled it.
The board decided not to change
tree minutes, said Shaw.
- make a mistake, this is whati3
t said'...but it was quite clear to the
1 board that he had changed his mind
in those two months," said Shaw.
••-•Monk filed a grievance'over the
estsjeeted promotion in April. Two
emirs ago, Harkness agreed to
Monck's promotion and that it be
retroactive to March 18. Shaw said
the board was given - no indication
Harkness would eventually support
the promotion.
•Judson asked Shaw if he be-
lieved the chief could continue to
run the town police force, to which
the mayor said he did not believe
so.
"The old paramilitary method of
running police doesn't work in the
nineties," said Shaw. "I think Jack
Harkness epitomizes the abuses
that can occur.
"You can't treat subordinates in a
master -servant relationship," said
Shaw.
•Judson asked why the police
board returned the documented
complaints from the officers to the
police association, without keeping
any copies.
"The officers were afraid if the
chief were exonerated it would be
used against them," said Shaw.
•The fust day of testimony by po-
lice board chairman John Stephens
began with Dennis Brown asking if
he knew Harkness prior to being
appointed to the board in 1992.
Stephens said they were both
members of the Lions club and it
was Harkness who encouraged him
to apply for the position on the
board.
-Brown asked if Shaw made any
comments about Harkness when
Stephens was first appointed to the
board.
Stephens said Shaw didn't want
to saddle them with any of his bias-
es against Harkness.
•Brown then question Stephens
on his knowledge of the Police Ser-
vices Act as it applied to the re-
sponsibility
e-sponsibility of the board. He inter-
preted it to mean the board could
discuss police policy but not tell the
chief how to run the force.
•By April 1992 Slcpbens mod '
problems began to come forth.
Harkness was concerned with the
budget and expressed dissatisfac-
tion that police services were fall-
ing behind.
He said Harkness was also ob-
sessed with the idea that the board
was working against him. He want-
ed the town mauler Changed be-
cause it said the aligrOgiNiad t{o
IOWA ccultaSi).
•
'He said Harkness used a divide there seemed no other alterna
and conquer approach to the board, itive."
• trying to put Wurm and Stephens
against Shaw.
He spoke of constant friction and
a constant tirade against town coun-
cil.
•Stephens described the morale
of the police department and said
Harkness used intimidation against
the officers and there were prob-
lems with scheduling and work-
man's compensation claims.
During casual conversation with
the officers, Stephens said, they
!old him that in a town the size of
Exeter is should be enjoyable to re-
port to work. "They felt the chief
was arrogant, a bully, inconsider-
ate, lacking in people skills and he
did not carry out the open door pol-
icy he professed."
•When the board made the deci-
sion to terminate Harkness, Ste-
phens said it was based on a num-
ber of facts. "Officers were
approaching us with more com-
plaints... Sharon [Worm) was con-
cerned about her personal safety...it
looked like we had a police force
about to self destruct."
-Discussion then moved towards
Shaw and town administrator Rick
Hundey, and their consultation with
a labour relations expert in London.
After their visit with the consul-
tant, the board was to meet with
Harkness to discuss scheduling
problems the officers were having.
"Bruce said we had bigger prob-
lems."
The board was briefed on the rec-
ommendations made by the consul-
: Lane Wurm and Shaw were unani-
mous that the chief had to be
terminated, Stephens said.
Stephens said he was not as con-
vinced until he discussed the cur-
rent work situation with two offi-
cers. They told him of intimidation,
harassment, low moral, Jack of sen-
sitivity and lack of respect for
Harkness.
Stephens said his final question
to each officer was, "Is Jack (lark-
aess as 11 chief salvageable." Each
officer. he said, answered no.
•Brown then discussed the events
on the evening of September 7, that
,Lead to the termination of Harkness.
He asked Stephens if he thought it
was appropriate to tell Harkness
without first notifying him- the.
agenda of the meeting had changed
from scheduling to his termination
and to do it with other officers'
around as well as a locksmith.
"Looking back," Stephens said,
"it doesn't appear to be the neatest,
Cleanest way to ,do it, hut at
•When asked by Dennis Brown
about how the board's ruing of
Harkness was perceived by the
Ministry of the Solicitor General's
lawyers, Stephens said the board
was told "we couldn't have gone
about it in the worst way...but we
did what had to be done."
•Brown :suited why Stephens
asked the officers, including con-
stable George Robertson, to docu-
ment their complaint about the
chiefs conduct in the time before
the firing.
"How were the things acquired
from the officers after the fact go-
ing to help you?" a3°ked Brown.
"We were looking for confirma-
tion of things we were already
aware of," said Stephens.
•The three lawyers disputed
whether or not evidence collected
after a termination could be admis-
sible. Caskey, Harkness' lawyer,
said such evidence gathering was
allowable under normal labour rela-
tions, but not for police matters.
Drinkwalter allowed the issue to go
unresolved.
•Brown asked Stephens why the
board changed its position later in
September to suggest they had only
suspended the chief from duty.
"How did you understand that
when you had already fired him?"
asked Brown.
"It was suggested we back up and
make it right," answered Stephens.
•Brown asked for Stephens opin-
ion of Harkness since he was re-
turned to duty in November. Ste-
phens cited "an increased level of
arrogance, (and) a complete lack of
communication."
Stephens said the chief told the
board not to .talk to the police offi-
cers.
"This was to protect the associa-
tion from the board," said Stephens.
"Pm not sure what that means."
Brown asked if the board was fol-
lowing the chiefs directive.
"We don't direct the [police) as-
sociation members what to do, or
how to do their jobs, but we haven't
stopped talking to them as people,"
said Stephens. "I think he's out of
bounds. He has no right to remind
us of that."
Stephens also said board mem-
bers are no longer allowed in the
police station "a building which we
[the town) own", and are also for-
bidden to use the stations' photo-
copier for board documents.
Brown asked if the chief had any
authority to make such restrictions.
"Not that' I'm aware of," said Ste-
phens.
•Brown showed a transcript of n
call placed to the police dispatch on
September 7. asking constable Rob-
ertson to contact him. Brown
asked if Stephens had ever asked to
have the call or his name removed
from the record, to which Stephens
said "no".
Brown asked about the nature of
the call, placed about a half how
before the meeting to terminate the
chief. Stephens said he couldn't be
certain, but thought it may have
been the request for Robertson to
remove the chiefs gun from his
desk in the station.
•After finishing his questioning
of Stephens, Brown asked if he
could meet with the other two law-
yers to determine if counsel could
make better use of their time.
Drinkwalter pointed out to the
public such consultations are al-
lowed, and,may result in agreement
to not challenge certain points of
evidence, and in agreements to not
call sotue witnesses to the stand.
This weeks Special
While Quantities Lost
Hcsnig vermicelli (250 g)
$1.09
Honey Cake (350 g) $1.09
Chocolate. Hail (3040 $ 1.29
• MUL$
GENERAL STORE
273•137.9 ,Mort, to sat. 8 sun. to p.m.
•
IISI 1t OI ,