Dudley George's killer still on the police force
- Turtle Island Native Network
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
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
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???"
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
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
Premier Harris Faces Intense Legal Questioning
Historic Appearance by Premier Testifying in Wrongful Death Lawsuit
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