Officer stands by interrogation of gay suspect in 2016

Hey there, time traveller!
This article was published 14/07/2022 (1190 days ago), so information in it may no longer be current.

A Winnipeg police officer has defended his aggressive interrogation of a sex-crime suspect after Manitoba’s high court ruled he had denigrated the man’s sexual orientation and violated his rights.

Insp. Elton Hall said Thursday he was trying to get a confession.

“It’s an interviewing technique — it’s not pretty. I know people don’t like looking at it or seeing it… this isn’t a tea party, these offences are very serious,” he said.

He said police had consulted with a constitutional lawyer about using the confrontational, “grey area” approach, and his sergeant and partner had agreed to it.

A 60-year-old man was sentenced last year to 10 years in prison after being convicted of three counts of sexual interference and two counts of invitation to sexual touching. He appealed his conviction, and asked for a stay on all charges, but the Manitoba Court of Appeal recently upheld his sentence.

His lawyer had argued Hall, who was a detective sergeant at the time, was abusive and insulting during an interrogation that denigrated his sexual orientation and called into question his relationship with his husband.

“Hall’s conduct was a serious departure from the expected standard and undermined the integrity of the justice system, constituting a (charter breach),” Manitoba Court of Appeal Justice Karen Simonsen said in a recent written ruling.

“While the exceptional remedy of a stay of proceedings is not warranted, this strong rebuke dissociates the justice system from the officer’s actions and, importantly, makes clear that the police cannot conduct an interview in the manner that was undertaken here.”

The offences occurred between 1994 and 2007, when the victims — the offender’s nephews — were between the ages of four and 14. The abuse, which included masturbation, oral sex and fondling, occurred during visits to the man’s home in Winnipeg.

Police interviewed the man twice, first on June 15, 2016, after two victims filed criminal complaints against him, and a second time three weeks later after a third victim came forward. The man gave a statement during the first interview, but remained silent during the second.

It was the second interview that was the subject of the charter challenge. In a video recording of the interview provided to court at trial, Hall told the man he would do everything he could to have his children seized by Child and Family Services, called the man’s partner “a f—-ing sociopath,” called the man “a f—-ing coward” and a “professional victim,” and suggested the man will “enjoy jail.”

At trial, Hall testified his aggressive approach was geared to getting the man to talk, and meant to mirror the communication style of the man’s husband, who had been aggressive with police.

The appeal court ruled the interview was “rife with sexual innuendo and disparagement based on sexual orientation.”

On Thursday, Hall said he respects the court ruling.

“They’re looking at a two- or three-hour process involving a four-month investigation, so there’s a lot more going on in this as well,” he said.

“They still have the right to appeal. I don’t want to give the offender and his partner any platform here — I’m more concerned about the survivors of this.”

erik.pindera@freepress.mb.ca

Twitter: @erik_pindera