A senior RCMP officer has admitted a cop under his command pursued an alleged smuggler who later died in an explosive collision with a New York couple following a chase by Akwesasne police.
Senior RCMP Const. Stephen Dicola told a courtroom on Thursday that, as a road supervisor in a "Level 2" anti-smuggling project on Nov. 14, 2008, he allowed a pursuit to continue for less than a minute despite a "no pursuit policy" of the Mounties and their Cornwall detachment.
Although Dicola said the short pursuit by Akwesasne Mohawk Police Service (AMPS) Detective Norman King of Dany Gionet doesn't meet the RCMP's definition of a pursuit, he opted not to engage Bill Carroll, Biron's lawyer, in a semantic debate.
"We will use your term pursuing, yes," Dicola said. "Thank you," replied Carroll.
Dicola said he called off the chase seconds after the suspect exceeded the speed limit and ran two stop signs in the Riverdale area of Cornwall.
Later that night, Gionet died in a collision with Edward and Eileen Kassian after being pursued at high speed by AMPS Const. Mike Biron on Cornwall Island.
Biron is being tried for dangerous driving causing death and criminal negligence causing death and his supervisor, Sgt. Kenneth Chaussi, criminal negligence causing death.
Dicola explained that, according to RCMP policy, any officer can stop a pursuit at any time if they feel it's too risky.
RCMP policy states that officers can only pursue a suspect if there is a threat and imminent danger to the lives of residents and police.
If Dicola had decided to allow the pursuit to continue, he or his supervisor would have contacted RCMP's Ontario headquarters in London to record the incident.
Dicola said it is standard procedure during all briefings at the beginning of a shift to end with a reminder of "no pursuits" to all officers.
Dicola explained the rationale behind the no-pursuit policy to the court.
"There is always some future way to obtain the information to draw an investigation to a conclusion," Dicola said.
Canada Border Services Agency regional intelligence officer Chris Gauthier alerted the rest of the anti-smuggling police team to Gionet as a potential smuggler when the red van cleared customs on Cornwall Island, then crossed the north span of the Seaway bridge into Cornwall.
Dicola said it took him the time to pick up the microphone of his radio to order King, who was seconded to an RCMP antismuggling task force at the time, to stop the chase.
King later went to Cornwall Island around the time Gionet and the Kassians died in the col-l ision without authorization from the anti-smuggling unit, according to Dicola.
However, Dicola told Chaussi's lawyer, Norm Boxall, that King didn't need authorization.
"He was under the immediate command of the RCMP, but he still had a responsibility to his own police service," Dicola said.
Dicola said he didn't order King back to Cornwall because he was busy apprehending another alleged smuggler in a green van by that time.
The trial of Biron and Chaussi won't resume until Mon., Apr. 26 pending a review of further evidence.