Protester unarmed, judge convicts OPP officer

Page 3

The criminal conviction of a police officer who fatally shot a Chippewa land claim protester sent shock waves through the Aboriginal community from coast to coast last month, but the victim's family - and lawyers and politicians with an interest in the case - all say that the man who pulled the trigger is a scapegoat; that the people whose orders he was following must also be brought to justice.

Acting Sgt. Kenneth Deane, of the Ontario Provincial Police, was convicted on April 28 of criminal negligence causing death in the Sept. 6, 1995 shooting of Dudley George. Deane returned to the Ontario Court of Justice's provincial division court in Sarnia on May 27 for sentencing (past Windspeaker's press deadline.) A spokesman for the OPP officers' association has already said Deane will appeal.

Judge Hugh Fraser, the man who rendered the verdict, normally sits in the Ottawa provincial court, but sources say the man was assigned to preside in Sarnia - some 500 km. away - because of the intense racial tensions in the community surrounding the case. Lawyers say that a judge from outside the area was brought in to ensure that there was absolutely no question about judicial impartiality. The administration of justice must be seen to beyond reproach, a lawyer not connected with the case said, adding that a person could be led to believe that a judge from Sarnia might have been influenced by the fact that he would have to continue living and working in the area after he made an unpopular decision.

Family members believe the fact that the judge was a member of a visible minority - he is black - may have allowed him to better understand their position.

Judge Fraser was given the responsibility as the sole arbiter in the case when the defense opted to leave the decision in the hands of the judge only, rather than have a jury trial. In delivering his verdict, the judge told the OPP officer that his testimony did not stand up to scrutiny. The officer pleaded not guilty to the charge, claiming that he fired because George scanned police positions with a rifle.

"Dudley George did not have firearms and the story of seeing muzzle flashes and a gun was concocted ex post facto, after the fact, in an ill-fated attempt to disguise that an unarmed man was shot," the judge said. "I find, sir, that you were not honest to police investigators, not honest in your statements to SIU investigators and not honest when testifying before this court."

"We had prepared our clients not to expect a conviction," Cree lawyer Delia Opekokew said, "because the judge had to find Deane guilty beyond a reasonable doubt. He could have said a number of times in the case, 'I have doubt in my mind.' I won't say it would have been easy for him to say that, but he could have."

Family members and their lawyers admit they were shocked that the ruling was in their favor and say they're now encouraged to continue to push for a full public inquiry that they hope will reveal why the Tactical Response Team was present that night.

As they awaited the verdict, the George family and other observers knew that it is common judicial practice to bend over backwards to give a police officer the benefit of the doubt when actions taken in the line of duty lead to death or injury; Deane is one of only a very few officers who have ever been convicted of an unlawful killing while on the job.

The family was also aware that there is a lot of political attention focused on this case, because of allegations in the family's civil lawsuit that the provincial government and Ontario Premier Mike Harris had a hand in forcing the confrontation that led to Dudley George's death.

A spokesman for OPP Commissioner Thomas O'Grady told Windspeaker that "the OPP does not take tactical or operational direction from the government."

O'Grady refused further comment because the matter is still before the courts. Premier Harris would not comment, but in the past he has said that he had no connectio with the events of that night.

But many observers say that before the Ipperwash incident, the OPP policy was to negotiate, not to deploy paramilitary officers who are trained to use deadly force. They say that it appears that the only difference that would explain the radical change in OPP behavior was the fact that a new government was in office.

Deane faces a maximum sentence of life imprisonment. As they wait to see what sentence the judge will impose, the family members and their lawyers say they will continue to push for a full public inquiry.