March 16, 2010
By The Canadian Press
HALIFAX, N.S. - The watchdog agency for the RCMP is launching a probe into the fatal shooting of a Nova Scotia man in his home by a police officer in 2008.
Ian McPhail, the acting chairman of the RCMP complaints commission, announced Tuesday he has decided to proceed with an inquiry into the conduct of the RCMP in the shooting death of John Simon.
McPhail says the investigation has been launched in the "public interest" and is of his own initiative rather than as a result of outside complaints.
"There are sufficient concerns related to this case which merit a public interest investigation," McPhail said in an email.
"To that end, one of our own investigators is being dispatched to look into all aspects of the case."
A Halifax police investigation cleared RCMP Const. Jeremy Frenette of any criminal wrongdoing, but there has been no disciplinary review of his actions.
The Mounties said they didn't launch a disciplinary review within one year - the time-limit imposed by the federal law that governs the police force - because they were waiting for the Halifax police investigation to finish.
The commission says in a statement that has heightened public interest in the case.
"While internal discipline is within the discretion of the RCMP, the apparent lack of internal discipline in this case has raised much public concern," the commission said.
"The commission's investigation will examine all aspects of this tragic matter including the RCMP's response on that day, and its training, policies and procedures.
"The Commission will also examine the conduct of the RCMP members involved in the subsequent investigation to ensure that it was carried out impartially and in a timely manner."
In their investigation, the Halifax police concluded that Frenette shot Simon when the allegedly drunk and suicidal man pointed a rifle at him. "I felt he was gonna shoot me," Frenette is quoted as saying in the Halifax police report.
But that report also said Frenette contravened "established RCMP policy," and that he entered Simon's home despite his supervisor's instruction not to.
Portions of the report, such as an explanation of Frenette's rationale for entering Simon's residence, are blacked out.