Closing submissions in the Stacy DeBungee death investigation will be in person.
Both lawyer Asha James and prosecutor Joel Dubois made the case Tuesday that the hearing should conclude in Thunder Bay while Defense Counsel David Butt argued submissions could be delivered remotely.
“I can’t think of any reason why we can’t, from a evidentiary perspective, proceed next week virtually,” explained adjudicator Greg Walton in his ruling. “However, given the unique circumstances that exist in this case, I feel it would better serve the community and the police service if we reconvene in person. I realize it’s not the rule of this tribunal to help mend community relationships with the service, but considering Mr. Butt’s secondary comments as they relate to potential perceptions resulting from a hybrid hearing, the same could apply of this hearing suddenly reverted to a virtual hearing.”
Both sides have set aside Thursday, June 16th and Friday June 17th for closing arguments.
You can view the livestream here
SHAWN HARRISON
During the second day of cross examination, Staff Sergeant Shawn Harrison agreed with a suggestion from prosecutor Joel Dubois that he developed a close minded approach and had tunnel vision during the investigation.
Harrison disagreed with suggestions from Dubois that he failed to properly supervise both Detective Constables in the case (Clark Mckever, Shawn Whipple), as well as failed to provide adequate attention because of the indigenous status.
Harrison admitted Monday that it was a mistake that he turned down a meeting with retired Toronto Police Officer Dave Perry, which led him to plead guilty to failing to perform duties according to the Police Services Act.
Harrison has entered a not guilty plea on the second charge of failing to treat or protect people equally during the case.
Following the nearly 60 minutes of questions Tuesday from Dubois, lawyer Asha James posed her own suggestions to Harrison, which included an assumption that DeBungee had just rolled into the river drunk based on the fact that there were no visible signs of trauma.
James suggested to Harrison that this was status quo with investigations of other indigenous people, “You just told us that you find them in the river because they have been drinking?”
“No, an unfortunate incident, “Harrison responded.
James also questioned Harrison on whether he reviewed all of the reports that were related to the investigation, to which he acknowledged that there were documents that he didn’t review.
“When you saw the post-mortem report, did you consider if more could be done to find out how Mr. DeBungee got into the river?” asked James.
“When I saw the report, I did not,” Harrison responded.
He stated he is open to criticism when asked about his November 2015 meeting with Brad DeBungee. “I was upset (with Brad’s criticism) but again I think it was the overall of the (Thunder Bay Police Service), not with my investigation in particular.”
SHAWN WHIPPLE
The Detective Constable has pled not guilty to both charges of failing to perform duties according to the Police Services Act as well as failing to treat or protect people equally during the case.
Whipple stated that he had never heard of Stacy DeBungee and that other officers on scene had spoken about previous dealings with DeBungee.
Whipple noted that people have been known to consume alcohol near the McIntyre River, so he went on the possibility that DeBungee had fallen into the waterway.
During the two hours that was spent questioning Whipple, he did mention that he wishes now that he would have paid more attention during the next of kin notification, noting he was distracted by a potential domestic situation in the same area.
According to Whipple, the service has also changed operations in the seven years since the DeBungee death, which includes more heightened awareness in cases involving Indigenous people.
OTHER WITNESSES
- Dave Perry, retired Toronto Police investigator
- Brad DeBungee, Stacy’s brother
- Jim Leonard, former Chief of the Rainy River First Nation
- Retired Deputy Chief Andrew James Hay
- Sergeant Clark McKever
- Director of Communications Chris Adams
- Detective Shannon Primmer
- Retired Constable Janine Lewkoski
Leonard, DeBungee and lawyer Julian Falconer filed the complaint against the Thunder Bay Police Service (TBPS) with the Office of the Independent Police Review Director (OPIRD) on March 18, 2016, alleging a pattern of the police service jumping to conclusions when it comes to the deaths of Indigenous people.
The Ontario Provincial Police (OPP) has launched their own investigation after a request from the Ontario Ministry of the Attorney General.
DeBungees’ passing was singled out in a 2018 Broken Trust report with claims of how cases involving Indigenous people are handled by police.
Both Harrison and Whipple admitted they have never read the above report.
