NL

External investigation needed in Sean Kelly case: Andrew Parsons

An out-of-province probe should be ordered to look into the conduct of a high-ranking Royal Newfoundland Constabulary officer, says the Liberal justice critic

Crown's role to review, not investigate, justice critic says

Justice critic Andrew Parsons says an external police force should have been called in to investigate how the RNC handled the Sean Kelly investigation. (CBC)

An out-of-province probe should be ordered to look into the conduct of a high-ranking Royal Newfoundland Constabulary officer, says the Liberal justice critic

Burgeo-La Poile MHA Andrew Parsons said RNC Chief Bill Janes should have forwarded the case involving Sgt. Tim Buckle to an independent police force immediately.

Janes announced earlier this week that the director of public prosecutions will take a second look Buckle's role in the investigation of fellow officer Const. Sean Kelly.

"With the chief of police asking for the Crown's office to review this and hoping it will work — no I am not satisfied with that," said Parsons.

Kelly, who is suspended from the force without pay, was sentenced to 10 months in jail for making a sexually explicit phone call to a young woman at her place of work in 2012, then attempting to pin the crime on another man.

During Kelly's trial, a transcript of a conversation between him and superior officer Buckle was made available.

Buckle, who was also the Royal Newfoundland Constabulary Association's president at the time, gave Kelly a "heads up" that he was being investigated for making an indecent call.

"But here's the problem you got to come up with somebody that called that number twice that used your phone," said Buckle, in a 2012 telephone conversation. 

A senior investigation in St. John's and the RNC's legal unit looked at the case and determined no charges needed to be laid against Buckle, Janes said. 

However, a complaint from the public prompted Janes to push the case on to the Crown's office. 

Parsons said he will wait for the Crown's results, but he doesn't think it was the right move. 

"I didn't think it was up to the chief of police to decide who will independently review his police force," he said. "I thought that was a job of attorney general or Minister of Justice to order that."

The RNC needs to bring outside help in, like the Ontario Provincial Police, Parsons said. 

"The Crown prosecutors office aren't investigators. They are reviewing work done by the RNC. So the issue I have here is that this should be done by an independent, external police force such as the OPP."

Parsons said the Kelly case hurts the public's confidence in the police force.

Janes has said he is confident in the original investigation but asked for further review in the "spirit of openness and transparency."