When law enforcement officials improperly interfere with the judicial process, such as attempting to intimidate or extort the Crown Prosecution Service to influence plea deals, courts can impose consequences including sentence reductions, and the Alberta Serious Incident Response Team may investigate such conduct as a breach of professional codes and the Criminal Code.
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Letter sent to Crown by Edmonton police about plea deal under investigation
Added:I've been practicing criminal law for over 35 years. I don't remember a case like this ever.
>> The Criminal Trial Lawyers Association filed a complaint about the Edmonton Police Service that's now under investigation by the Alberta Serious Incident Response Team.
>> The CTLA is very pleased to see that the government of Alberta and ASIRT are taking seriously our complaint about the conduct of Megan Hankewich and Chief Drysdale regarding the Ashley Rattlesnake prosecution.
>> It stems from this letter Edmonton's top cop sent the Alberta Crown Prosecution Service in September.
>> It was our belief that the letter and subsequent press conference in which they attempted to intimidate and extort the Crown Prosecution Service was highly improper in breach of the code of conduct and potentially in breach of several sections of the Criminal Code.
>> EPS heard a plea deal was in the works for Ashley Rattlesnake who they charged with first-degree murder in the death of 8-year-old Nina Na Pope Du May. They said if the deal went ahead, significant information about the case would be released to let the public decide if justice had been served. A move Paul Moreau says backfired.
>> They had heard a rumor that there was going to be a plea agreement for a guilty plea to manslaughter and a sentence of 8 years.
The sentence, as it turned out, would have been higher but for the actions that they took. Justice Fraser reduced the sentence by a year because of the improper interference or attempted interference by the Edmonton Police Service.
>> During sentencing, the justice said the actions of police crossed the line of interfering with justice. If ASIRT recommends charges after the investigation is complete, it will be up to the Crown Prosecution Service to decide how to proceed. Moreau expects if that happens, and because the CPS is essentially the victim in the matter, a Crown from outside of Alberta would be brought in. Amanda Anderson, CTV News, Edmonton.
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