Const. Chris Messer and police union repeat call for public inquiry
Saint John officer accused of vigilante justice happy to be back on the job, but wants answers
Saint John police Const. Chris Messer and the New Brunswick Police Association are repeating calls for a public inquiry into the handling of his case, which they describe as a "miscarriage of justice."
"I think there's a lot of tough questions that some important people need to answer," Messer said during a news conference on Wednesday, his third day back on the job after his nearly five-year legal saga.
Messer says it's "great" to be back at work, but his family has been living a "nightmare" and wants answers.
"The main focus of this is to ask questions as to why things aren't moving in the right direction in regards to charges being laid in the shooting of my home," he said, referring to the Sept. 25, 2010 incident his entire case stems from.
"Someone could have been killed, very easily and it's just, it's so frustrating for my family and, I believe, all those people who have represented me through this, to not have answers after five years of such a serious offence."
'We will not let this go'
Bob Davidson of the New Brunswick Police Association contends the "entire irregular situation lays at the feet of the Crown."
He says the police investigation of the drive-by shooting produced suspects, but in New Brunswick, charges must be approved by the Crown to proceed.
"It's unbelievable to have a police officer's home shot up in this city and we still don't have the people responsible charged," said Davidson, suggesting the case may have gone as far as a provincial committee of Crown prosecutors.
"The buck stops somewhere," he said, calling on the minister to take action.
"We will not let this go," said Davidson.
If no charges are laid and no public inquiry is called, the union "will look at other options," he said.
Public Safety officials were not immediately available for comment.
Defence lawyer Brian Munro also believes there should be a "public airing" of the matter.
The drive-by shooting was a "serious attack on the administration of justice — and we should all be concerned about that," he said.
The situation "demands" a public inquiry, said Munro, noting Messer or his wife could have been killed and referring to the deaths of three RCMP officers in Moncton last June.
"In this day and age, we just can't allow this to go unanswered."
No details about agreement
Messer was accused of acting improperly as a police officer by questioning and handling suspects in the break-in and drive-by shooting of his home — crimes where he was also the victim.
He was charged and suspended on complaints from two men, one of whom later admitted to making a false statement.
Messer was found guilty of assault, but the conviction was quashed. A new trial was ordered, but never happened because a Court of Queen's Bench judge stayed all charges against him.
Justice Judy Clendening cited unreasonable delays by the prosecution and a failure to produce court-ordered documents to the defence, calling the Crown's behaviour "troubling."
The union and the force reached an agreement to end Messer's suspension without pay last month.
The agreement to reinstate Messer was ratified last week by the Saint John Board of Police Commissioners and approved by an arbitrator.
No details about the deal have been released. The union says "a number of conditions of the settlement have to unfold" before they can be made public.
Meanwhile, Messer says he has received a "wonderful" welcoming back from fellow officers. He is currently going through some retraining and familiarizing himself with the new police station before being back on patrol.
Messer and the union have previously called for a public inquiry into the handling of his case.
They say the minister said at the time he could not intervene while Police Act hearings and a possible appeal of the stay of charges were pending.
But both of those matters have now been resolved, they said.