Finally some justice for Taman

The story of the killing of Crystal Taman has been hard to ignore for over three years — each new bit of information that surfaced was harder to swallow and more aggravating than the last.

Perhaps the most damaging aspect of the entire affair has been how the public’s faith in the police and justice system has been shattered. Many believed that police had deliberately botched the investigation to protect their own. There was also suspicion that the prosecution was not conducted properly, resulting in the plea bargain that saw Zenk avoid any jail time and the charges of impaired driving causing death, refusing a breathalyzer and criminal negligence causing death. Even chief judge of the Manitoba Provincial Court, Raymond Wyant, acknowledged in his judgement against Zenk that much of the public felt he was “getting away with murder.”

The report that was released from the Taman Inquiry, unfortunately, confirmed those suspicions in nearly every respect. It stated that the investigation by the East St. Paul Police Department (ESPPD) was “flawed to such an extent that a successful prosecution of Zenk was rendered fatal.”

With regards to the investigation by the Professional Standards Unit of the Winnipeg Police Service, the Inquiry called its questioning of witnesses “naïve,” and noted that the interviews with the officers drinking with Harvey-Zenk that night were clearly not appropriate to the seriousness of the incident.

As for the prosecution, the inquiry’s report stated that it is understandable that the public doesn’t perceive that it was conducted independently from the Justice Department.
A total of 14 recommendations emerged from the lengthy findings. Manitoba Justice Minister Dave Chomiak made a great play by accepting all of them nearly immediately. He clearly understands the seriousness of the findings and the importance of rebuilding the public trust in the justice system.

Chomiak then went beyond the recommendations and announced that the ESPPD is to be disbanded and fully replaced by the RCMP by the end of the year. Yes, it was a drastic move, but absolutely essential if the public is to believe that the justice system has learned something from the Taman debacle.

Some residents of East St. Paul, and especially the council and mayor Lawrence Morris, have reacted strongly against the minister’s decision. Their complaints seem to be two-fold — that the RCMP will not be able to respond as quickly as the ESPPD and that they were not consulted on the decision. How well the Mounties are able to deal with the new burden will remain to be seen, but the other problem needs to be commented on.
Mayor Morris and East St. Paul councillor Mike Wasylin have been shouting to the media and anyone else who will listen that Chomiak should have consulted the municipality before making his decision, adding that their constituents want to keep the local force. After meeting with Chomiak, Morris told the CBC that “this was one man’s decision to take away our policing. How can he justify it?” Wasylin said he was “flabbergasted” by the move.

What is truly flabbergasting is how Morris and Wasylin have failed to see the big picture. The ESPPD name has become synonymous with the Taman investigation fiasco, and has tarnished the faith in the justice system province-wide. The residents of East St. Paul might prefer to have their own local force, but it is much more important that the public at large can trust that their safety will be guaranteed equitably, and that justice will prevail.

The Taman Inquiry isn’t even the only problem the ESPPD has faced recently. The force has been reviewed three times in the past few years. In 2006 the CBC reported that half the computers in the department contained pornography, and a disproportionate number of police brutality complaints were made against the force for a period between 2004 and 2006. In 2002 an officer left the force after it became known that he had ties to gang members and was given a positive letter of recommendation by the then-ESPPD chief. The former officer went on to work in other positions of authority in other communities and was charged with eight counts of first-degree murder in 2006.

It is unfortunate that some good officers may be out of a job, but it was necessary. If a tree has a broken branch that makes the whole park look ugly, you don’t worry about hurting the branch’s feelings — you cut it off and let the tree heal around it. Bravo Minister Chomiak.

Kyle Lamothe is a student of politics and law, and is a former Features editor for the Manitoban.