Sudbury Regional Police Service making victims. Should their names be released? Say so in forums!
The 10 year old parking tickets in question were dated Dec. 13, 1999 and Feb.18, 28, 2000. Co-incidentally, just five days before the last ticket (on November 23, 2000) and under very suspicious circumstance, I had a run in with certain members of SRPS which resulted in a lengthy, questionable, criminal trial with the local Crown Attorney
'Corrupt' police cells infect force: report
Corrupt police are being protected through a misguided sense of loyalty that leads colleagues to lie and cover for them, according to the Office of Police Integrity's annual report.
In the report, which was tabled in State Parliament today, Director Michael Strong found that small corrupt cells of the police force had a poisonous influence on the whole force.
"They often promote the image that they are high achievers when in fact they achieve very little by way of productive police work. They regularly flout organisational rules and regulations and avoid accountability because of their cultural influence...
"They are often protected by an outmoded police culture that turns a `blind eye' to inappropriate activity, or demands loyalty to a code of silence."
Mr Strong said he was concerned that police were prepared to lie as part of a misguided sense of obligation. "Too many police witnesses required to answer questions under oath at OPI hearings seem willing to sacrifice their credibility rather than break the `code'."
He said corrupt police tapped into gossip about ongoing investigations and used it to sell out major operations. "In extreme cases lives can be, and have been, put in jeopardy."
He reported that while most police were honest and committed to their work, some small corrupt cells continued to operate.
"The ability to engender support and attract loyalty for conduct that undermines the integrity of the Victoria Police reflects the worst aspects of an outmoded police culture and adherence to old-style policing methods."
Mr Strong said he believed the culture of protection and cover-up was slowly changing. "Those who cling to the `old-ways' are diminishing in number."
In the report Mr Strong found that many police were unqualified in dealing with confidential informers - an area which has been a fertile breeding ground for corruption.
"Streetwise criminals may be adept at manipulating some police. Access to `a piece of the action' may pose to great a temptation for unethical police."
Whats going on in Sudbury municipal affairs?.
TRANSCRIPTS FROM TRIAL ON NOVEMBER 23, 2000, THE SAME WEEK OF 3 PARKING TICKETS WHICH WERE PAID AND MYSTERIOUSLY RE-APPEARRED 10 YEARS LATER. MOXAM'S PROMOTION ON SEPTEMBER 16, 2009 IS FROM THE TRAFFIC DIVISION.
SGT. CRAIG MOXAM: SWORN JUNE 4, 2002
EXAMINATION-IN-CHEIF-BY MR.ABBOTT BEFORE JUDGE A.L. GAUY SUDBURY ONTARIO
CROWN. For what purposes do you need to refer to your notes if at all? (notes Moxam took of incindent).
MOXAM. Just to refresh my memory of the events that evening. I do have an independant recollection of the events that night.
VICTIM. (addressing Judge) Sir, I have to say I believe his (Moxam) interest to be more than somewhat normal nthan in other cases. You are aware of the past charges against me that have been dismissed or withdrawn for lack of evidence?
JUDGE. Believe me, I'm not aware of any of that,and even if I've heard of them, I have probably forgotten them by this point.
CORRUPTIONCENTRAL (After 14 different charges dismised over 4 years, thought I would have been somewhat known to local judges) CROWN. I don't know how Mr. xxx came to that conclusion.
VICTIM. Given the fact, Sir that the Crown's first witness changed her story SEVEN times while under oath.
JUDGE. At the end of the Crown's case, sometimes defense brings a motion to dismiss, but not while the evedence is still coming in. Follow me there?
JUDGE. The notes are now qualified.
CROWN. Now, can you tell me what happened that first got you involved in this matter?
MOXAM. That particular evening--I was assigned to Criminal Investigation Division, general assignment, general duties. I observed Constable O'Malley walk away from the vehecle. I believe it was Sergent Maki who was in another postion where he had an observation point of Constable O'Malley.
CROWN. As we approached, you say she was walking away.
MOXAM. Yes.
CROWN. Now when you say "we", you were with Constable....
MOXAM. I was with Zembrzycki. Constable Zembrzycki approached the driver's side and I stayed in the car to provide cover. I watched him approach and speak with the accused. I didn.t go right up to the vehicle. I was 15 feet away.
CROWN. Court's Indulgence. So at any point were you at the vehicle?
CORRUPTIONCENTRAL (COURT'S INDULGENCE = CODE WORD?)
MOXAM. Yes I heard Constable Zembrzycki adise him of his rights and rights to councel. He was turned over to me and I escorted him to the car. He was loud, combative and arguementive. I believed at that point he was under influence of alcohol.
CROWN. As a result of "forming" that belief what did you do.
MOXAM. I demanded a breath sample.
CROWN. Now you told us you had a very difficult time reading demand to the accused? Could you explain why?
MOXAM. The accused was very combative and arguementive...he wasn't listening to the demand as I was ging it to him.
CROWN. Before we go further Sir, I don't know if you recall....
CORRUPTIONCENTRAL (Hmmm)
JUDGE. There was a ruling made.
CROWN. I was just planning on eliciting all the statements on the basis of that ruling.
JUDGE. Its in the ruling.
CROWN. You will have heard, Officer, that we're going to come to the actual things that he was saying to you.
MOXAM. Alright.
CROWN. Before I do that though, I wanted to ask, before I forget, prior to the demand but in the period after the accused was turned over to you, how co-operative was he?
MOXAM. Prior to him being turned over to me?
CROWN. No. Up until the point you read him the demand.
MOXAM. I would say that he--he probably--I mean, heco-o perated. He didn't resist in any waywhen-he was placed under arrest, or when he was turned over to me, or as I was escorting him back to the car. He came along with me voluntarily. He wasn't resisting in any way.
CROWN. OK but you said he got combative and arguemntive as demand being read?
Moxam. Yes in the car. Thats when discussion heated up.
CROWN. OK, Why don't you describe the discussion you had with accused?
MOXAM (Repeats all of the above) Believes Sgy Maki secured vehicle Does quote one word that I said during "discussion" but instead, gives his version. In the booking room says I was loud and causing commotion, but doesn't repeat a word that I allegedley said. Moxam also tesified to the booking area being recorded. I made requets for this video tape for the next day of trial. Of course the video was conviently unavailable or destroyed because.....
CROWN. Can you tell me how many times you told him of his--he was told, to your knowledge, of his rights to contact a lawyer?
MOXAM. Oh, I would have told him, and he was directed to signs in booking area. So at least three times. I'm uncertain if--I believe, also, at the side of his vehicle when he placed under arrest.
CROWN. Did you have any conversation with the accused while you were in station?
MOXAM. I may have. I don't have any notations that I did.
CROWN. Now, you say you've been an officer for just over fifteen years?
MOXAM. Yes.
CROWN. Was the accused ever out of your site?
MOXAM. No.
CROWN. And you told us that you stayed handy as the demand was recorded? During the demand we stayed nearby.
MOXAM. Yes. There is always two copies made. A master copy and as slave copy. The slave ccopy is forwarded to th Crown's office for disclosure purposes and the master copy is sealed for evidence.
CROWN. Does that tape accurately portry what happened when the demand was given?
MOXAM. Yes.
CROWN. The courts indulgence. Now Sgt. Moxam, the accused seemed to be speaking to someone else?
MOXAM. I believe he was talking to me. I was standing out of the camera's view with Sgt. Zembrzycki.
CROWN. No can you compare for me how the conduct that we've just seen on the tape was in comparison to the conduct you earlier reffered to?
MOXAM. It was a bit more reserved. Upon his arrival, the officer in charge brought his attention that the area was being recorded.
CORRUPTIONCENTRAL (Note that this tape conviently disappeared).
CROWN. Following this evening after his arrest, can you tell me what efforts if any you made to obtain a copy of that video tape?
MOXAM. Yes that evening, when I was completeing the paper work and crown breif, I completed a request form from our Technical Support Branch to make a copy for me. I checked with Technical Support on January 2001 and was advised that the copy had not yet been completed. And some time shortly after that in the spring of 2001, the officer that was assigned to that division resigned from our police services and the replacement officer made attemopts to locate a tape, if any that was made by the previous officer and came up with negative results on that--in that effort, so I have NO tape to provide to the court.
CROWN. Why do you think that tape would have been relevant to your investigation?
MOXAM. It would have should everything I said about the accused demenour.
CROSS EXAMINATION OF SGT. MOXAM BY THE VICTIM
VICTIM. Were you the senior officer at my arrest?
MOXAM. No, I was the--Constable Zembrzycki is senior to me.
VICTIM. Yes but you have authority over him, you are a sergeant?
Moxam. I have rank. Thats correct. In terms of who was in charge, Inspector Markiewich was in charge. Constable Zembrzycki and I worked together providing cover for Constable O'Malley. We were working as a team. I was not in charge of anyone.
JUDGE. If Sergent Moxam had gone out and committed a theft under, that would be irrelevant to what he was doing that night. That would be another matter.
VICTIM. Well Sir, what is relevant with the restraining order against Moxam is that it-it--its shows his demeanour in persecuting people simply because of their name or in my case being arrested 14 times only to have the charges withdrawn or dismissed. MIn fact the day I was arrested I had just had another charge dismissed! There was a restaining that was issued against Sergant Moxam.
JUDGE. Again the problem is it demands that we accept certain premises and its a very difficult thing to establish. Your contention is that you were discriminated or entrapped that night. Well you can call---have such a person, you can call them. All you can do this witness is say " Do you know me?
VICTIM. Well I can bring in a copy of the restraining order.
CROWN. Well actually Sir you can't, thats a collateral issue.
VICTIM. Well then Sergant Moxam is lieing on the stand.
CROWN. I'm speaking now. This is a collateral issue. The witness is entitled to answer the question. If the answer is "no there is no restaraining order against Sergent Moxam, the victim is stuck with it.
VICTIM. Where is the justice?
CROWN. The law in collateral issues is perfectly clear.
VICTIM. Where is the justice Sir? If he says "No" and I bring in a copy...this guy is allowed to lie on the stand.
JUDGE. Remember the copy you may bring in may say that a certain person was not allowed to have anything to do with another person. but again the difficulty you have is tying that into your case. And remember, if yo're going to prove that, it can't be---Well its with difficulty you could prove by calling somebody to say they have restarining order against Sergant Moxam. You'ld have to have some type of---Presumably, if you could show the order.
VICTIM. Yes I will try.
CROWN. For the record Sir, I object just so the victim is not taken aback
JUDGE. Alright he answered no, he is not the subject of a restraining order against a citizen. Thats his answer
VICTIM. Who gave you the call?
MOXAM. I believe it was Sergant Maki
VICTIM. Where was he?
MOXAM. I don't know.
VICTIM. Where was Constable O'Maley?
MOXAM I seen her walking away from drivers side door.
VICTIM. O'Malley said she attended the drivers side, and therefore would have had to walk away from the drivers sie.
MOXAM. I dont know what she said I can only tell you wat I saw.
VICTIM. What is your definition of combative?
MOXAM. Combative is someone who takes an opposite position to you and who escalates a situation to the point of an argument or to the point of being the opposite.
VICTIM. Is that what you use to describe someone that doesn'y agree with you?
MOXAM. Well, the activity that was taking place prior to the demand was combative. (missing tape).
VICTIM. How very convenient because I put an application in to obtain that video. and the police don't have it?
MOXAM. Thats right and I.ve testified to
VICTIM. And theres a little episode in the video you do have...which shows me very calm, cool, and collected. Is this what you describe as combative? Where is the vulgarity you claimed?
MOXAM. I never used the term vulgarity, Constable Punkkinen did.
VICTIM. You said you made a request fir the booking in video where I was allegedly combative?
MOXAM. Yes.
VICTIM. What was the date? January something?
MOXAM. No. This was -- I think I said that I requetsed it that night, but I see now its dated the Novemebr 27th 2000. I followed that up on the 10th of January and attended in the Technical Support Branch and was advised by the officer that the tape was not yet completed.
JUDGE. They have not completed it yet, meaning they haven't made a copy.
VICTIM. When I put my application in for the videoit went from 6 months from november 23, 2000 and 6 months to the day when they finally told me that they only keep videos for 6 months. Now if this was made in January, two months later, they still said it was not completed yet and they keep for 6 months,they still would have had it when I requested it.
JUDGE. So the point being?
VICTIM. The point being that this should have been made aware to me.
CROWN. Frankly, its the first time I saw it today, and he may have apoint. It ought to have been disclosed.In my respectful submission, nothing turns on it.
JUDGE. They never did prepare it obviously. That was the difficulty, the police and crown never got it. Everybody wanted it. And technical Services didn't produce it.
VICTIM. Another example of incplete disclosure.
CROWN. The victim can characterize it as he wishes
JUDGE. Yes. I don't think----Well I'm not going to rule on what the document means. What it seems to mean is that of January the copy hadn't been made yet, and we know from prior evidence that it was destroyed six months from the November date. So it was still in existenceat the time. It just never got done.
VICTIM. Another coincidence. I was calm cool nd collected through the entire proceedure.
MOXAM. as I indicted inmy evidence earlier, you remained handcuffed throughout the proceedure.
VICTIM. Where was I when you gave me the papers for "increased penelty"? You said I ripped them up?
MOXAM. You were sitting adjacent to the bench we seen in the video.
VICTIM. Handcuffed?
MOXAM. Yes.
VICTIM. How was I able to rip up those documents while handcuffed?
MOXAM. The handcuffs were removed.
VICTIM. Non of the papers were signed by me. I couldn't sign. I was handcuffed from the back.
MOXAM. No I don't believe you were handcuffed at that point. I'll just refer to my notes. I didn't take the handcuffs off you myself. I don't know who did.
VICTIM. Well, you said the handcuffs would have been removed when I was offered to sign the papers?
MOXAM. Thats correct
VICTIM. So you served me the papers when I was handcuffed?
MOXAM. No thats not what I'm saying.
VICTIM. You served me the papers and someone else took off the handcuffs is that what you're saying?
MOXAM. Someone else must have taken them off because I don't recall taking them off. I served you with the papers and you tore them up.
VICTIM. Handcuffed in the back of course?
MOXAM. My notes do not say that, so your handcuffs obviously had to be removed prior to that.
VICTIM. Do you recall me asking for a phonebook to call a lawyer?
MOXAM. No.
VICTIM. I guess it would have been on that video that we conveniently never recieved.
MOXAM. I guess it would be on file somewhere. I know I took steps to try to get that video tape and it was my best intentions to obtain that tape and provide it to the crown. And do to whatever circumstance, I wasnt able to retrieve that myself to disclose it, and I can't explain to you what happened to that video other than to say that the individual that was assigned to that division has resigned from the police service.
(CONTINUED CROSS-EXAMINATION OF SGT CRAIG MOXAM SEPTEMBER 30, 2002 BEFORE JUSTICE A.L. GAUY SUDBURY ONTARIO)
(Coming very soon)
