Ontario judge to oversee inquiry into ex-cop's conviction in deadly crash

The Manitoba government unveiled plans Wednesday for a judicial inquiry into a controversialcase that allowed a former police officer to avoid jail time for causing a deadly car crash.

The inquiry, to be headed by former Ontario Superior Court Justice Roger Salhany, will be a sweeping review of how the justice system dealt with the accused and the victim's family, Attorney General Dave Chomiak told reporters.

"We have tried to craft (the terms of reference) in such a way that everyone involved in this tragedy can feel that answers to questions that have been lingering can finally be … concluded," Chomiak said.

Crystal Taman, a 40-year-old mother of three, was killed when her car was rear-ended on a clear morning in February 2005 by a pickup truck driven by Derek Harveymordenzenk (also known as Derek Harvey-Zenk), an off-duty constable who had been out all night partying with fellow Winnipeg police officers.

He was arrested by police in East St. Paul, just north of Winnipeg, and charged with several offences, including impaired driving causing death, criminal negligence causing death and refusing a breathalyzer.

Most of the charges were dropped, however, under a plea bargain that saw Harveymordenzenk plead guilty to dangerous driving causing death. He was sentenced to two years' house arrest.

The victim's husband, Robert Taman, said Wednesday there are many questions to be answered.

"Going all the way from the East St. Paul police, how they handled the investigation, to the Winnipeg police themselves as far as how many were with Mr. Harvey-Zenk the night before, and right up to the prosecution. There's a lot of information I would like to hear," he said.

The Taman family has already questioned several aspects of the case, such as:

• Whether East St. Paul police followed proper procedures in trying to get blood-alcohol readings from Harveymordenzenk as well as testimony from his fellow officers about how much alcohol he had consumed.
• Why the government hired a local defence lawyer to act as a Crown prosecutor in the case.
• Whether the Crown was right to agree to a plea bargain and jointly recommend house arrest instead of jail time.

The plea bargain was also questioned by presiding Judge Ray Wyant, who felt bound by the agreement, but expressed frustration at the lack of information about Harveymordenzenk's activities before the crash.

The Manitoba government has already launched an internal review of its practice of hiring defence lawyers to prosecute police officers and others involved in the justice system.

The move is aimed at avoiding a potential conflict of interest for regular Crown attorneys, who often work closely with police.

There is also an operational review underway into the East St. Paul police department. Both reviews are expected to be finished within weeks.