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Bakema told officer to keep certain details out of report, court hears

By: Mike McIntyre

Posted: 05/9/2012 2:29 PM

Jason Woychuk, who testified in the case followinng Crystal Taman's death, is back on the stand as former East St. Paul police chief Harry Bakema faces charges over that investigation. (KEN GIGLIOTTI / WINNIPEG FREE PRESS ARCHIVES) Photo Store

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East St. Paul police chief Harry Bakema told one of his officers to exclude details of suspected impairment in his notes about a fatal crash involving an off-duty Winnipeg police officer.

Jason Woychuk, a former constable with the ESP service, testified Wednesday about the specific instructions he received from Bakema.

Woychuk says a paramedic told him he believed Derek Harvey-Zenk was drunk at the time of the 2005 crash. But Bakema ordered him to keep those details out of his report.

"I was told not to put that in my notes. I don't recall him giving me a reason why," Woychuk told court.

Woychuk said he was also told by Bakema to write that he was transporting Harvey-Zenk to the ESP police station for the purpose of making a traffic accident report. In reality, he took him back there to be arrested.

Woychuk said Bakema gave him these instructions in response to Woychuk's concerns they may have breached Harvey-Zenk's Charter rights at the scene by detaining him in a cruiser car without any formal charge or caution.

"I felt there was probably a Charter breach," said Woychuk.

Bakema, 60, is on trial for six criminal charges, including perjury, breach of trust and obstruction of justice, which stem from his role in the investigation of the death of Crystal Taman. The married mother of three was killed after her convertible was rear-ended by Harvey-Zenk while she waited at a red light near Lagimodiere Boulevard and the Perimeter Highway.

Harvey-Zenk was on his way home from a night drinking with fellow officers. He later pleaded guilty to the reduced charge of dangerous driving causing death and was given a conditional sentence.

The failure of East St. Paul police to properly document indications Harvey- Zenk was impaired is one of the reasons the case crumbled.

The trial has previously heard how Bakema seemed to quickly reject suspicion Harvey-Zenk may have been impaired despite conflicting reports at the scene.

Ken Graham, a former East St. Paul officer, told court Tuesday he smelled a strong aroma of booze inside Harvey-Zenk's empty vehicle following the deadly crash, but Bakema didn't agree.

"He stuck his head in and said he couldn't smell anything," Graham said. Bakema had personal contact with Harvey-Zenk at the scene and told Graham "he could not smell any alcohol on him." Graham never dealt with Harvey-Zenk to make his own observations, court was told.

Rolland Fontaine, a paramedic who responded to the crash, previously testified about a "very noticeable" smell of alcohol on Harvey-Zenk.

Bakema also told Graham he had worked in the same Winnipeg police district as Harvey-Zenk before Bakema moved to East St. Paul.

"He said this is a mess. We have a mother, a wife, who's been killed. He felt bad for the family and bad for the kids. And he said we have a Winnipeg police member who just screwed up his career," Graham said Tuesday. Bakema told Graham he was going to assign another veteran East St. Paul officer to take over the investigation because he didn't want to create any perception of bias based on his personal history with Harvey-Zenk.

Under cross-examination, Graham said Bakema would not have deliberately sabotaged an investigation.

"Harry is not the type of guy to ask someone to change their notes," Graham said. But he described Bakema as having a very poor memory, which seemed to be getting worse around the time of the fatality.

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