More explosive allegations of sexual misconduct by four cops who worked on the Surrey Six murder case were revealed in B.C. Supreme Court on Wednesday.
Three of the former Mounties 鈥� Derek Brassington, Danny Michaud and Paul Johnston 鈥� are alleged to have had sexual contact with a woman who was a potential witness during the investigation, defence lawyer Dagmar Dlab said.
And a fourth cop 鈥� Dave Attew 鈥� is alleged to have had sex with a different potential witness in the case, Dlab said.
The identities of the women are protected by a publication ban. Neither of them was called as a witness in the trial of Dlab鈥檚 client Cody Haevischer and co-defendant Matt Johnston, both of whom were convicted of six counts of first-degree murder on Oct. 2.
Their lawyers have filed an abuse-of-process application and want the charges stayed over allegations of police misconduct in the case.
Dlab highlighted evidence for Justice Catherine Wedge that鈥檚 expected to come out when the four officers go on trial next September on a series of charges stemming from their work on Surrey Six.
Up until this week, only Brassington had been identified as having had an alleged affair with a potential witness.
Dlab revealed that 鈥淛ohnston also engaged in an inappropriate relationship with [the same woman] which involved partying, sex games, drinking and going to a strip club along with Sgt. Brassington.鈥�
鈥淎nd certainly Cpl. Johnston was well aware of the sexual relationship the two had and did nothing to report it,鈥� Dlab said.
Dlab said that on another occasion, Michaud went to a strip club with Johnston and the woman 鈥渁nd that afterwards, he also had sex with [her.]鈥�
鈥淎ttew also partied with Sgt. Brassington, [the woman] and her friend,鈥� and later had sex with another potential witness in this case, Dlab said.
All the officers were aware of Brassington鈥檚 ongoing relationship with the potential witness, but didn鈥檛 report it to anyone on the Integrated Homicide Investigation Team.
鈥淎ll four officers made false statements about these events to their superiors,鈥� Dlab said. 鈥淥fficers Attew and Brassington presented false overtime and expense claims.鈥�
When Brassington was asked about the affair, he claimed it started after he had taken a witness statement from the woman on July 6, 2009.
But Dlab said their relationship had begun a month earlier when Brassington was 鈥渃harged with ensuring her safety.鈥�
鈥淪he was an important potential witness in this case and she had agreed to cooperate with the police and she hadn鈥檛 given a statement yet and they engaged in a sexual relationship.鈥�
Attew, Brassington and Johnston are no longer with the RCMP. Michaud remains suspended with pay.
Dlab argued that it鈥檚 in the public interest to have a full hearing in December on allegations of police misconduct in the Surrey Six case.
Crown prosecutor Mark Levitz has argued that none of the conduct highlighted by the defence warrants as extreme a remedy as throwing out the murder convictions.
And he opposes a longer hearing on the matter, urging Wedge to sentence the two convicted killers instead.
Dlab said police also improperly ordered B.C. Corrections to place Haevischer in segregation for more than a year after his April 2009 arrest, cutting off phone and visitor privileges that other inmates had.
For part of his segregation, he was surrounded by mentally ill inmates who would eat their feces, cry out all night long and scratch on the wall of his cell, Dlab said.
Haevischer repeatedly expressed concern to his jailers about his deteriorating mental health, even saying he was being treated like a 鈥渃aged animal.鈥�
鈥淢r. Haevischer began having difficulty telling one day from the next,鈥� Dlab said. 鈥淗e began to fear he would never speak with his family or friends again, specifically he feared losing contact with his daughter.鈥�
She said Haevischer thought he was going mad and repeatedly asked why he was subjected to extraordinary jail conditions.
He was given only vague information suggesting concerns about his safety and that of others in custody, she said.
But even members of the rival United Nations gang awaiting trial were in general population despite their notoriety and potential conflict with Haevischer鈥檚 Red Scorpions, Dlab told Wedge.
Haevischer suffered psychological harm from his pre-trial isolation, Dlab said.
鈥淭he wounds of a beating can heal but the wounds caused by solitary confinement do not do so readily,鈥� she said.
Dlab referenced an earlier B.C. Supreme Court ruling attacking the conditions in which Haevischer鈥檚 co-accused Jamie Bacon was held after his arrest as cruel and inhuman.
Only after the June 2010 ruling was Haevischer released into general population, Dlab said.
She said corrections officials 鈥渇ailed to properly exercise their powers, duties and discretion and instead improperly assisted the police in a criminal investigation.鈥�
