OLIVER MOORE
HALIFAX — From Wednesday's Globe and Mail Published on Wednesday, Mar. 17, 2010 12:00AM EDT Last updated on Wednesday, Mar. 17, 2010 4:04AM EDT
The RCMP's watchdog agency has launched a probe into the death of John Simon, a drunk and suicidal native man shot by police in his home, and the investigation that cleared the Mountie responsible.
Only days ago, Nova Scotia attorney-general Ross Landry ruled out a public inquiry into the shooting that has left raw wounds in the small Cape Breton community of Wagmatcook First Nation.
"I think it's good news, it should have been done long ago," Patsy MacKay, Mr. Simon's widow, said from Wagmatcook.
"They've had a lot of time to cover up what they want to cover up, but it's worth a try."
The acting chair of the RCMP public complaints commission yesterday noted the level of community unease since the shooting 15 months ago.
"The apparent lack of internal discipline in this case has raised much public concern," Ian McPhail said in a statement.
"Given the ongoing expressions of public concern as they relate to the degree and type of force used by police officers when dealing with individuals and the manner in which members of the RCMP responded to this situation, I am satisfied that there are reasonable grounds to investigate."
The probe will look at the actions of officers that night, consider whether RCMP policies related to handling barricaded and presumed suicidal people are adequate, and assess whether the police investigation was sufficient and free of actual or perceived conflict of interest.
The family dismissed the police investigation as a whitewash because, while led by police from Halifax, RCMP officers assisted.
Mr. Simon was a 44-year-old fisherman who, his family acknowledged, struggled with alcohol and drugs. His widow said he was drinking and distraught the night he was shot. Ms. MacKay said she left the house and took the keys to the vehicles and the gun cabinet, not realizing he had copies.
When police arrived Mr. Simon was alone in the bungalow, armed with a rifle.
His widow is convinced that RCMP Constable Jeremy Frenette escalated a tense situation. A police report shows that he went against his superior's orders when he climbed in the window. The reason he gave for doing so was blacked out in a copy of the report given last week to the family.
Constable Frenette said that inside, he had to fire because Mr. Simon pointed a rifle at him.
"He put himself in a position where he had to shoot John, he made a mistake and he never owned up to it," Ms. MacKay said.
"... He can never be criminally charged no matter what they come up with."
Kate McDerby, a spokeswoman for the public complaints commission, confirmed that recommendations from the new investigation will be remedial in nature. The probe is not about finding fault.
"There's been a lot of public concern with respect to what's gone on," she said. "We want to show that they're accountable."
The acting spokeswoman for the RCMP in Nova Scotia welcomed the additional probe.
"We're committed to accountability," said Constable Meredith Darrah.
"The family, the community, the public have concerns. I think this is the independent oversight they've been looking for."