No charges for officer over intimate images

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This article was published 20/07/2018 (2631 days ago), so information in it may no longer be current.

BRANDON — An investigation has concluded no charges will be laid against a police officer who received and viewed intimate images of a woman who was applying for a job with the Brandon Police Service.

The Independent Investigation Unit of Manitoba (IIU), a civilian-led provincial agency, said the images were relevant to the hiring process.

“On careful review of the available evidence and material facts obtained in this investigation, together with consideration of the applicable law, I am not satisfied that there are reasonable and probable grounds to believe (the officer’s) conduct warrants charges under the Criminal Code, or any other federal or provincial statute. Accordingly, no charges will be laid against (the officer),” IIU civilian director Zane Tessler concluded in his final report released on Thursday.

The investigation was launched in July 2017, after the IIU received a complaint from a woman saying intimate images of her had been distributed without her consent, and a BPS officer had received and viewed them.

Brittany Roque has also filed a civil suit in Brandon Court of Queen’s Bench against Terry-Lynn Peters, a then-civilian employee accused of copying and distributing the images to BPS members and senior officers. Peters has filed a statement of defence denying the allegations.

The IIU report doesn’t specifically name individuals involved, but details from court documents corroborate the details outlined in the document.

Roque told investigators the BPS did not notify her intimate images of her had been distributed, and the images had been used to disqualify her from a job with the police service. She said a BPS officer then destroyed the images, despite knowing she was in the process of making a formal complaint.

The IIU investigation focused specifically on the allegations of obstruction of justice by the destruction of the images.

Officers involved and civilian witnesses fully co-operated, Tessler wrote.

Peters, according to the report, did not.

“The individual who allegedly possessed and originally distributed the intimate images, did not, despite all attempts and requests by IIU investigators, attend or participate in any interviews,” Tessler wrote.

On Feb. 21, an ex-employee — allegedly Peters, according to corroborating court documents — wanted to provide information to a BPS recruitment committee “she believed would be relevant to assessing (Roque’s) suitability as a police officer.”

An officer went to her home, and Peters allegedly transferred 26 images from her computer to a BPS-owned USB thumb drive, according to the report.

The officer reviewed the images and, when he found some of them to be intimate in nature, he brought the matter to members of the BPS executive committee. It was decided the officer should be the only person to view and have control over the images in order to both prevent unnecessary access and protect Roque’s privacy.

After multiple meetings with police recruitment committee members, human resources, as well as seeking out hiring advice from an outside professional adviser, Roque was called in for a followup interview more than a month later.

“During a followup interview… (Roque) advised that, in the summer of 2015, she had sent intimate images to another BPS officer… who was in a relationship with (Peters),” the report said. “(The interviewing officer) advised (Roque) that BPS had received and viewed those images… (and) explained that due to further background checks and the consideration of additional information obtained, (Roque) was no longer being considered for employment.”

Roque expressed concern as to whether a criminal offence had been committed against her due to intimate images being shared without her consent, according to the report.

After Roque raised concerns the intimate images might have been distributed in the community, senior officers made the unanimous decision all the images were to be destroyed.

The officer in control of the images destroyed the USB thumb drive with a hammer and discarded the broken pieces into separate garbage cans. He also deleted any relevant computer files and documents, the BPS said.

A copy of BPS Chief Wayne Balcaen’s notes — obtained by Roque under the Freedom of Information and Protection of Privacy Act — outline Balcaen witnessed deputy chief Randy Lewis destroying the USB drive.

“Members of the (BPS executive committee) did not believe that (Peters) had committed an offence when she provided the images to BPS and, further, neither BPS nor its officers committed an offence when they received the images,” the report reads.

Roque later advised the BPS she wished to move forward with a complaint and discuss her removal from the police constable application process, the report said.

The BPS decided it was best if an outside police agency investigate the matter.

The officer was within the law to receive and view the images, Tessler wrote, authorized under exceptions in both the Criminal Code of Canada and the Intimate Image Protection Act of Manitoba, which allow the non-consensual distribution of intimate images if it “serves the public good.”

“The hiring process for a police officer, including determining the suitability of such a public servant to be held to very high standards, fits within the definition of ‘public good,’” Tessler wrote.

No trial dates have yet been set for the lawsuit, according to court records.

— Brandon Sun