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RCMP appeal delays inquiry

Author

Windspeaker Staff

Volume

10

Issue

7

Year

1992

Page 1

The inquiry into the shooting death of a Native trapper by a white supremacist has been postponed while the RCMP appeals a ruling requiring them to testify in a provincial court.

The RCMP asked for special rights at the outset of the inquiry, fearing they could be forced to reveal the names of informants during police testimony. At that time the commission ruled the question was theoretical and refused to grant special privileges in advance.

The Saskatchewan Court of Appeal will hear the appeal Aug. 5. The inquiry is scheduled to resume Aug. 24.

The RCMP have already blocked some testimony at the two-month-old investigation of the shooting and racist leader Carney Nerland's four-year manslaughter conviction.

In earlier testimony, Prince Albert detective Peter Mesluk told the inquiry about meetings between city police and crown lawyers where they decided to charge Nerland with manslaughter.

Mesluk said the RCMP told city police and the lawyers about their informant in the Aryan Nations. He said the RCMP was not considered relevant to the investigation at that time.

RCMP lawyer Martel Popescul brought Mesluk's testimony to a halt when the detective was asked to name the RCMP informant. Popescul also blocked questions about whether the informant was involved in the inquiry.

Last week, the CBC reported police sources as saying Nerland himself was the informant. The RCMP have not confirmed or denied the report.

The inquiry delays and new appeals are driving up legal costs for the Prince Alberta Tribal Council and the LaChance family, both of whom are represented by lawyer Gerald Morin.

The tribal council has placed ads in local newspapers appealing for funds to offset legal costs. Any leftover money, they say, will be put into a trust fund for a humanitarian award or scholarship.

Meanwhile, the inquiry heard testimony from Nerland's business partner, a treaty Native named Darwin Bear.

Bear said that he was never bothered by Nerland's racist comments, including remarks the racist leaders made about deserving a medal for shooting a Native. Bear said Nerland was always "jerking somebody's chain" and that he never heard Nerland make racist comments.

The inquiry was called earlier this year by the Saskatchewan government after more than a year of public outcry over the justice system's handling of the LaChance shooting. One of its mandates is to determine whether Nerland's racist beliefs were a factor in the shooting.

Nerland was convicted of manslaughter last year after shooting LaChance through the door of his Prince Albert gun shop. He becomes eligible for parole later this summer.