Victoria police chief misled public after probe into his Twitter habits, court hears
External probe of Victoria Police Chief Frank Elsner overstepping and unfair, lawyers argue
A lawyer arguing for an external review of a case involving Victoria Police Chief Frank Elsner's Twitter account says it's needed because he misled the public following an earlier investigation.
A hearing in B.C. Supreme Court this week will determine if an external probe is warranted into whether Elsner sent inappropriate tweets to the wife of another police officer.
Deborah Lovett, a lawyer for the B.C. Police Complaints Commission, described the tweets as "salacious and sexually charged."
Court heard that police public affairs staff discovered 48 direct messages on Elsner's account and passed the information on to authorities.
In 2015, an internal investigation found his conduct had been "discreditable" and a letter of reprimand was placed on his file. Elsner apologized publicly, saying he was "sorry and humiliated."
But when the media questioned Elsner, he misled the public about what had happened, Lovett told court Tuesday.
She said he downplayed what he had done, and what he was censured for, because "he expected that the public would never know what happened in that internal investigation."
Elsner, a 30-year officer who is not attending this week's hearing, was backed at the time by Esquimalt Mayor Barbara Desjardins, who said he'd remain in his role as chief with "full confidence."
No need to rehash, discipline done
Desjardins' lawyer Joe Doyle, told court that it is "unfair" to launch a public investigation into the affair as Elsner was assured the matter would remain confidential by those in charge of the internal probe.
The lawyer for two mayors who sit on the police board and oversaw the internal probe into Elsner's "intimate" message exchange argued that the police complaints commissioner is overstepping his role as "gatekeeper and overseer" by ordering a public trust hearing.
Discipline must have an end point
Doyle argued that the Elsner matter should not be reopened.
Why would any police officer participate in an internal review, if once it's over, it can be pried open again, Doyle said.
"Who would want it? You'd never know if that was the end," said Doyle.
"There has to be some time limit on that or no internal discipline matter would ever come to an end. It could always be reopened," he said on the courthouse steps.
The original challenge
The Victoria police chief was eventually suspended in April 2016 after a second internal investigation.
He later filed a petition in March to stop the external investigation, by challenging parts of the B.C. Police Act.
He argues that Police Complaint Commissioner Stan Lowe's decision to order an investigation already dealt with by an internal probe is an abuse of process.
Internal probe lacking
Lowe said he ordered the external investigation because he found the internal probe lacking.
Elsner is also trying to prevent the search of his electronic devices and wants the summary of his case deleted from the complaint commissioner's website.
After Elsner was disciplined the Office of the Police Complaint Commissioner ordered a series of investigations that would also look into allegations of workplace harassment and allegations that Elsner tried to delete emails during the internal investigation.
Those issues, which arose during the internal review, are fair game for the commissioner, Lovett said.
Court heard today that Lowe raised issues after the internal discipline was meted out including:
- Elsner's messages were initially not shared with the police complaint commissioners office.
- Of the 48 messages, court heard only five to 10 of them were read or described to the commissioner initially and needed to be "chased down."
- Interviews were not recorded.
- Witnesses refused to co-operate, and avenues to encourage them were not followed up.
The three-day hearing into the matter began Nov. 14.
The identity of the other officers involved and details of the messages are protected by a publication ban.
