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Dudley George's killer still on the police force

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  • Tehaliwaskenhas-Bob Kennedy
    Turtle Island Native Network http://www.turtleisland.org Dudley George s killer still on the provincial police force Kenneth Deane faces Police Act charges The
    Message 1 of 1 , Nov 21 7:28 PM
      Turtle Island Native Network
      http://www.turtleisland.org


      Dudley George's killer still on the provincial police force
      Kenneth Deane faces Police Act charges

      The following is an exclusive report by Dan Smoke - Asayenes

      November 21, 2001
      London, Ontario
      Hearing for OPP officer Kenneth Deane who shot and killed Dudley George at
      Ipperwash in 1995

      The prosecutor, Denise Dwyer opened with a condemnation of having a
      convicted criminal being on the OPP. She gave some law and supporting
      evidence to show he wasn't fit to be an officer and hasn't learned his
      lesson about guns.

      His lawyer, Ian Roland, was much more dramatic. He didn't have much to
      rebut, but he said all the glowing tributes of Ken Deane when speaking
      about factors such as

      i. Deane's employment record, remaining employed
      even after conviction;

      ii. character references from superiors and the
      public;

      iii. rehabilitation and remorse with the public apology;

      iv. an absence of the need for deterrence; and

      v. the response from the OPP themselves.

      He used these factors to somehow say that Ken Deane's
      involvement on the force has benefitted the OPP. That was a real stretch!!
      But he got away with it.

      The prosecutor said how can you have a "convicted,suspended officer become
      an asset of the OPP and asked the ajudicator,
      Loyall Cann that it is now up to her to decide "the appropriate punishment
      for a Police Officer convicted of killing an unarmed civilian." "He caused
      damage to a civilian and to the OPP."

      She concluded that "dismissal is warranted."

      Roland had mentioned that there was no public outrage over
      Deane continuing as a Police Officer and in fact helped the image of the
      OPP when he was called upon to help with a bomb explosion up in Sudbury on
      a major trans Canada highway.

      To which Dwyer responded with the testimony of Chief Phil Maness of Sarnia
      when he said, the "perception is that it's okay
      to shoot an aboriginal person."

      So, Cann said there will be no verdict today as the issues are so
      complicated and she wants to review the transcripts from today, the
      exhibits, and this will take about 3 weeks. Then she will announce when
      she will deliver her decision and it will be presented at the Hilton in
      London before the end of the year.

      It was interesting to find out that if Deane isn't satisfied with the
      decision irregardless of whether it's loss of job, income, demotion or
      suspensions, he can appeal.

      He has 30 days in which to appeal to the Ontario Civilian Commission on
      Police Service (OCCPS) BUT, the employer
      can't appeal. Only the defendant.

      So, Pierre George said, "it never ends, and just keeps going on. What does
      it take, how many violations of the Police Service ACt does he have to
      commit before the OPP will dismiss him.

      How many more lives???"
      -----------------------

      BACKGROUND

      More Charges Against Cop Who Killed Dudley George
      by Dan Smoke-Asayenes
      July 30, 2001

      Ken Deane, the OPP officer who killed Dudley George, an unarmed Stoney
      Point defender, will face Police Act charges from September l7 to l9 for
      breaching the province's policing code of
      conduct. Deane was convicted in l997 of criminal negligence
      causing death and sentenced to community service.

      The hearing will be held in London, Ontario.

      Deputy Toronto Police Chief Loyall Cann will preside over the
      Ontario Provincial Police (OPP) disciplinary hearing to be held in London,
      Ontario. The prosecutor will be Denise Dwyer, who has
      worked for a decade as a criminal prosecutor in Kitchener and
      Toronto.

      Ian Roland will handle Deane's defence. He is general counsel to
      the Police Association of Ontario and the Canadian Police
      Association. Roland, an experienced lawyer in employment
      matters, was involved in the development of the Police Services
      Act, under which Deane is now charged.

      Deane served a two-year conditional sentence after being
      convicted in July l997 of criminal negligence, causing the death of Native
      activist Dudley George. Judge Hugh Fraser also found
      Deane was lying on the stand to cover up his actions. Deane
      subsequently appealed the decision up to the Supreme Court of
      Canada, which upheld the guilty verdict on January 26, 2001.

      Dudley George was taking part in a protest against the
      desecration of an ancient burial site. He was among thirty
      aboriginal protesters who had the legal "colour of right" to
      occupy Aazhoodena Territory-Stoney Point, formerly known as
      Ipperwash Provincial Park. On September 6, 1995, he was shot
      and killed by OPP officer Kenneth Deane during a peaceful
      demonstration at Aazhoodena, the Stoney Point People's
      traditional lands in Ipperwash Park. The Stoney Point people
      have been fighting for the return of their lands and protection of their
      burial ground in the park for more than fifty years.

      Last month, Ontario Premier Mike Harris showed his apparent
      frustration over persistent questioning about his role in the 1995
      Ipperwash affair. On June 5, witnesses heard him call Liberal MPP Gerry
      Phillips an "asshole" in the legislature. Mr. Phillips had been asking the
      Premier why he is attempting to bankrupt Mr. George's family by forcing
      them to proceed with a civil suit to uncover Harris's role in the shooting.
      The Premier's office later denied Harris had used the word.

      The Premier's own legal fees so far have topped $500,000 in
      public money, Liberal Native Affairs Critic Gerry Phillips said
      last January, citing an access-to-information request he received in
      October. "I think it's obscene for the George family to carry the load for
      the Ontario public to get to the bottom of this matter," he said.

      The OPP are asking for the return of an estimated $300,000 in
      legal fees from Deane. The force has conceded it had no legal
      authority to pay the defendant's bill because Deane was convicted of a
      crime. In an interview last month, Deputy Commissioner William Currie said
      the force is sending a letter requesting repayment of the defence bills.

      According to Superintendent Rick Kotwa, Deane has also been
      served with a letter from the OPP seeking his dismissal because he has been
      convicted of a criminal offence. Deane is now working in an office job in
      the OPP traffic-support bureau. He does not carry a firearm in his current
      duties, Kotwa said.

      Murray Klippenstein, who represents the George Family in a
      wrongful-death civil suit, insists that the public has a right to know how
      much taxpayers' money went to Deane's defence. If
      large amounts of public funds are going to defend unlawful acts
      without accountability, this is one more question for a public
      inquiry into Ipperwash, Klippenstein said.

      Harris has steadfastly refused to order a public inquiry.
      - 30 -

      All My Relations
      Dan Smoke-Asayenes & Mary Lou Smoke-Asayenes Kwe
      Smoke Signals First Nations Radio, CHRW, 94.7 FM
      Canada's #1 Campus Radio Station for 2001
      Sundays 6:00 - 8:00 p.m., www.chrwradio.com
      519 659-4682 fax: 5l9 453-3676
      -------------------------------------------------

      UPDATE NOVEMBER 21, 2001

      Unprecedented
      Premier Harris Faces Intense Legal Questioning

      http://cbc.ca/cgi-bin/view?/news/2001/11/21/ipperwash011121

      Historic Appearance by Premier Testifying in Wrongful Death Lawsuit

      http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Artic
      le_Type1&c=Article&cid=1006297304807&call_page=TS_News&call_pageid=968332188
      492&call_pagepath=News/News

      -----------------------------------------------------------

      For more on the death of Dudley George at Ipperwash see
      http://www.turtleisland.org/news/news-dudley.htm


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