Lawyer for RNC brass, justice minister clash over probe

The lawyer for senior Royal Newfoundland Constabulary officers who are the subject of an external criminal investigation wrote the justice minister last month, alleging his officials have mishandled the situation, questioning the objectivity of the Nova Scotia-based independent investigator, and asking to be paid to represent the cops in question.

• CBC INVESTIGATES | Royal Newfoundland Constabulary facing criminal probe by external investigators

Justice Minister Andrew Parsons dismissed those concerns, and expressed confidence in the process.

That's according to heavily-redacted correspondence between the two sides obtained by CBC News through provincial access-to-information laws.

Last fall, the Department of Justice and Public Safety called in the Nova Scotia-based Serious Incident Response Team (SIRT) after receiving a complaint about the RNC's handling of a confidential informant.

Letter slams 'frivolous complaints'

CBC News has learned that Jerome Kennedy — himself a former justice minister and attorney general — is the lawyer representing RNC officers who are under the microscope of SIRT.

Kennedy wrote the justice minister Feb. 5 on their behalf.

"The maintenance of public confidence in the administration of justice requires that police officers, like everyone else, must comply with the law," that letter noted.

"However, the laying of frivolous complaints against [words redacted] also has an adverse effect on public perception, especially where such complaint comes directly from the attorney general's office."

The letter stresses the officers in question need legal advice for several reasons, including:

• "the deeply flawed process adopted by Justice officials does not leave them with confidence;"
• "they have concerns about the objectivity of Ronald MacDonald, the director of SIRT, having regard to his public comments made in the media early in the investigation;"
• "my clients face the potential of being charged criminally while performing their roles as police officers and agents of the Crown."

The letter warns "the pernicious spectre of the attorney general's office overseeing or directing police investigations will have a chilling effect on the ability of police forces in this province to do their job" and leaves the office "open to claims of political interference."

Justice minister rejects request

Meanwhile, Parsons defended his department's handling of the situation, which began before his appointment to the justice portfolio after the Liberals took power in December.

"The SIRT investigation is a wholly independent process undertaken at the request of the department to review serious allegations and I will not take any action that potentially compromises that process," Parsons wrote in reply Feb. 15.

'I fully support this independent investigation by SIRT and anxiously await the results on behalf of the people of the province.'- Justice Minister Andrew Parsons

"Your implicit suggestion that the allegations should have been disregarded or addressed more casually is troubling given the seriousness of the matters alleged."

Parsons reiterated his department won't provide funding for independent legal counsel for the RNC officers connected to the ongoing SIRT investigation.

"As a matter of policy, the department does not provide this benefit to employees who are questioned as part of an investigation, whether it is a criminal or regulatory investigation," he wrote.

As for concerns expressed about the Nova Scotia-based SIRT investigator, Parsons wrote: "I am not aware of any factual basis to question Mr. MacDonald's objectivity and note that his experience in conducting such investigations is extensive."

The minister steered any inquiries about the investigation to MacDonald himself.

"I fully support this independent investigation by SIRT and anxiously await the results on behalf of the people of the province," Parsons wrote.

'At the end of the day, we get the facts'

Jerome Kennedy, the lawyer for the senior officers, could not be reached Wednesday.

The RNC declined comment, steering inquiries back to the justice department.

On Wednesday afternoon, the justice minister reiterated his support for the SIRT process.

"I want there to be an independent investigation done, so at the end of the day, we get the facts," Parsons told CBC News in an interview.

"Once you have the facts of the matter, then you can make the right decision, one that's meant to be in the best interests of all involved  — but especially when you're dealing with justice issues, one that's in the best interests of both the people of the province and people of the department, and the force."

Access to information response

Here is the full response CBC News received via access to information for correspondence between lawyers for the RNC officers and the justice minister.