Dawn Ostrem
Northern News Services

Yellowknife (Oct 31/01) - An RCMP internal investigation into the alleged actions of a Yellowknife-based police officer, thought to be wrapped up in less than two months, is now heading well into its fourth, say RCMP.

Edmonton RCMP are conducting the investigation on the unnamed officer for allegedly mishandling evidence and conduct unbecoming an RCMP member.

The investigation began on July 17 and police spokespersons said at that time, it was expected to wrap up at the beginning of September.

It is still not completed.

"It is an internal matter and we are under no obligation to discuss it with the general public and we won't," said Sgt. Phil Johnson of the criminal operations unit in Yellowknife.

Sgt. Paul Marsh of Ottawa did discuss the RCMP Act and the route the situation may or may not go once the investigation is done.

"Once the internal investigation is completed a determination will be made whether the RCMP officer breached the RCMP code of conduct," he explained.

Until then, the RCMP are bound by the Privacy Act, which prevents them from speaking to the public about the events or naming the officer, even if they wanted to.

"People may jump to conclusions and we need to give that person the benefit of the doubt," Marsh added.

If the officer has breached conduct, the internal investigation will likely end up with the officer undergoing either formal or informal disciplinary sanctions. That is decided by an overseeing officer.

"The matter is generally proceeded with informally if the behaviour is considered minor in nature, correction is possible and remorse is present," Marsh explained.

"If the conduct is so serious that it would warrant a formal disciplinary sanction, a formal adjudication board may be held."

An adjudication hearing, although possibly not advertised, would be open to the public.

It consists of three commissioned officers, one legally trained, to sit on the board. Witnesses can be called and evidence submitted.

The officer can either use the representation of a legally trained RCMP member or outside counsel, at his or her own expense.

Punishments involved in either formal or informal sanctions can range from counselling to discharge.

In the meantime, Marsh said, "If the member chooses to resign, it is just like any other member of any other occupation, they have the right to do so."

An adjudication hearing may result in a demotion or a discharge, to which the officer also has the right to appeal.

The final say in that procedure is up to the commissioner of the RCMP.

"Really, we have to have confidence in the process," Marsh said. "The RCMP Act is a very powerful instrument."a