Review comes after fraud and theft charges dismissed
Derek Neary & Terry Halifax
Northern News Services
Hay River (Mar 16/01) - A 15-year veteran of the RCMP was acquitted on charges of fraud and theft in Hay River Territorial Court last Friday.
Const. Merle Carpenter was accused of defrauding the Inuvialuit Regional Corporation (IRC) of $15,000 in training funds and the theft of $5,000 from Deh Cho Air in Fort Liard.
Carpenter said he's suffered "a lot of sleepless nights and heartache" over the charges and was relieved to be finished with the case.
"I feel a big weight off my shoulders," he said. "I'm glad this is over and I can get on with my life."
Carpenter was suspended with pay when the charges were laid and will now face the RCMP disciplinary board before being reinstated to full duty.
Supt. Terry Elliott, of "G" Division in Yellowknife said a transcript of the trial will be reviewed by the disciplinary committee to determine whether Carpenter breached the RCMP's code of conduct. Depending on the findings, Carpenter could be fully reinstated, released from the RCMP, docked pay or a number of other possibilities, according to Elliott. He said expects the review process will be complete in one to two months.
No proof of intent
The Crown alleged that between Feb. 1999 and June 2000, Carpenter had intentionally misled the IRC and inflated costs of a commercial pilot's license to obtain enough funding to pay for both his private and commercial pilot licenses. As a beneficiary of the Inuvialuit final agreement, Carpenter was entitled to funding for a commercial license, but not a private license.
Carpenter's attorney, Rod Gregory, argued that it was "common knowledge" that Deh Cho Air had agreed to pay for his client's private license and that Carpenter only sought funds from the IRC to cover the costs of his commercial license. He said the agreement only came into question after a falling-out between the Deh Cho Air and the Acho Dene Koe management.
Over the course of the five-day trial, prosecutor Judy Hartley called 12 witnesses in the case including Nellie Courneyea, CEO of the IRC and Shane Parrish, CEO of the Acho Dene Koe group of companies.
On the stand, Parrish denied any knowledge of a plan to fund Carpenter's private license. Bob Bartlett, former Deh Cho Air manager testified that despite then Acho Dene Koe chief Harry Deneron's opposition to paying for Carpenter's training, Parrish told Bartlett to continue funding Carpenter.
When recalled later under oath, Parrish said, "That's a lie."
Judge E.R. Wachowich disagreed.
"I'm accepting the accused's version of what happened here," Wachowich said in his ruling. "The accused wanted nothing more than to get his commercial pilot's license."
It was further alleged that Carpenter had wrongly taken $5,000 earmarked for flight training at an Edmonton flying school to apply to his personal credit card.
The judge said the Crown had proven all elements of the crime except the intent.
Following the acquittal, Gregory said he was happy the way the evidence came out, with testimony from some Crown witnesses going in favour of the defense.
"We were very happy that not only did he find him not guilty, he said he believed him and in fact, that goes to finding that he's innocent as opposed to simply not guilty," said Gregory.
Carpenter added, "The bottom line was I wanted my pilot's license and maybe I had blinders on."
Now stationed in Fort Simpson, Carpenter said he plans to resume his flight training as soon as possible.
He estimates his legal costs at near $25,000 and plans to recoup the funds through a civil action, if necessary.
