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Veteran Mountie admits guilt

Katherine Hudson
Northern News Services
Published Wednesday, May 11, 2011

SOMBA K'E/YELLOWKNIFE - Former RCMP Sgt. Larry Edward O'Brien, who has pleaded guilty to a breach of trust by a public officer and uttering a forged document, is due to be sentenced for his crimes today.

The 46-year-old had previously entered not guilty pleas to the charges.

In territorial court Tuesday in Yellowknife, Justice J.R. McIntosh heard final submissions from the Crown and defence before announcing that sentencing would happen at 9:30 a.m. today.

Defence lawyer Caroline Wawzonek recommended a conditional sentence to be served in the community, ranging from 12 months to two years less a day.

Whitehorse-based Crown prosecutor David McWhinnie, however, argued for a jail sentence of 12 months to two years, with probation following the sentence.

McWhinnie told the court Tuesday that in 2008 close to $240,000 was seized in an investigation and put in an exhibit locker at the Yellowknife RCMP detachment. The money was later taken to the bank to be placed in an RCMP account but was $2,000 short.

All officers who had access to the locker were interviewed, including O'Brien. He offered his personal bank statements but declined a polygraph test during the investigation.

An amount equivalent to the missing $2,000 – but with later serial numbers on the bills than the originals – was later found after O'Brien urged that the locker be searched again. Records showed that $2,000 had been withdrawn from O'Brien's account on the day the money was returned, meaning he had forged the bank documents he previously provided to police.

O'Brien resigned "on the spot," according to McWhinnie.

"He had to know he had crossed a line ... Throughout he knew and appreciated his actions," McWhinnie said of O'Brien.

O'Brien looked sombre, rubbing his forehead at times throughout the morning's hearing. His wife, sister-in-law and friends sat behind him in court.

Wawzonek said O'Brien had been an RCMP officer for 21 years and that this was his first offence. She said numerous letters from family, friends and community members attested to O'Brien's character.

She said since his arrest in February 2010, O'Brien has been undergoing counselling. He has been working as a first-year apprentice electrician and is currently getting a partial pension from the RCMP.

Many factors built up over the years which resulted in O'Brien's illegal actions, according to Wawzonek, and she mentioned that O'Brien had written a letter to the court, explaining how he came to break the law.

She said 30 years ago he was sexually touched by a family friend and parish priest. She said he kept it a secret until he was held in the psychiatric ward of Stanton Territorial Hospital after being charged with uttering threats against fellow RCMP officers via e-mail, which allegedly followed his being investigated for the missing money from the RCMP locker. The defence has applied for the threat charge to be withdrawn, saying O'Brien acknowledges the e-mail was sent but denies its intent to threaten others.

She said the death of Const. Christopher Worden in Hay River in 2007 was a significant factor in his disintegration.

"The affects of it ran deep," she said, adding his "usual coping mechanisms were no longer working."

Wawzonek said O'Brien's mental health issues and depression grew to the point that he thought of suicide.

O'Brien suffers from post-traumatic stress and acute situational stress, she said, but added that he has accepted responsibility for his actions and is "remorseful."

"He feels public embarrassment and shame," she said.

Wawzonek said O'Brien will continue to attend counselling and he is not a risk or danger to the community.

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