David Silmser citizens complaint against Constable Heidi Sebalj

File # c.c. 94-01 

08 January 1994:

Staff Sergeant Garry Derochie report to A/Chief Carl Johnston re "Constable Dunlop's Involvement with the David Silmser Investigation"(Note that this report preceded the David Silmser Citizen's Complaint against Constable Heidi Sebalj)

Bryce Geoffrey hand-delivered letter threatening legal action - addressed to Cornwall Police Service Board, acting Chief Carl Johnston and Constable Heidi Sebalj. At this time Geoffrey was not yet aware that the diocesan hush deal was illegal. Nor did he seem to be yet aware that David Silmser accepted the pay-off only after being told in August 1993 that Father Charles MacDonald would not be charged. On the same day Leo Courville, chairman of the Cornwall Police Service Board, issued the following deceptive press release which omits to mention that an internal investigation had concluded that Perry acted in good faith and no disciplinary action would be taken.       

11 January 1994:   

PRESS RELEASE - Police Board Account: Incident involving alleged sexual assault.  Signed by Leo Courville, Chair of the Police Service Board.  Contact person A/Chief Carl Johnstone

 13 January 1994: # 1 

Bryce Geoffrey (David Silmser recently retained lawyer) letter to Jacques Leduc Geoffrey has received a draft of a proposed diocesan press release.  He notices a number of inaccuracies and asks that they be amended.

13 January 1994: # 2.  

Bryce Geoffrey (David Silmser’s recently retained lawyer) letter to Jacques Leduc  After consulting with David Silmser Geoffrey notes another number of inaccuracies in the draft.

17 January 1994:

Bryce Geoffrey letter to Jacques Leduc. Geoffrey has discovered that the pay-off “Agreement” was illegal and therefore void.  He gives notice of intent to initiate legal action against Bishop Eugene Larocque, father Charles MacDonald and the diocese.  He also asks that “the recent misrepresentations to the media” be corrected in a mutually satisfactory forum with the media present.

21 January 1994: 

 David Silmser complaint against Constable Heidi Sebalj (Public Complaint Form #1.)  This one page documents was scanned as two pages for posting. Note reference at foot of page one to Bruce Geoffrey of 11 January 1994) 

Appendix A: Public Complaint: Summary of Incident

26 January 1994: 

 S/Sgt B.F. Wells to Police Complaints Commissioner David Silsmer Wells proposes that the complaint against Constable Heidi Sebalj, file # C.C. 94-01,  be classified as an inquiry in accord with subsection 81 (2) of the Police Services Act 1990.

07 February 1994  S/Sgt. G. Derochie:

Statement of S/Sergeant G. Derochie in David Silmser Matter (This is the same text which appears in the 52 page Well’s report under the heading “ 11. Summaries of Statements Obtained During This Investigation (Final report to Include Summaries of All Statements Obtained). : Statement – Staff Sergeant G. Derochie.  It has a different layout and is identified as pages 11 of 51 to 15 of 51 of the report.  My copy of the latter was marked so I decided to scan this copy. It tails off on the right-hand of one or two pages but regardless is quite easy to read)  

08 February 1994: 

Cst Michael Quinn.: 11. Summaries of Statements Obtained During This Investigation (Final report to Include Summaries of All Statements Obtained): Statement From Constable M. Quinn.  Note that Quinn states Derochie had told him that Constable Dunlop had done nothing wrong in discussing the statement with Children’s Aid Society. 

09 February 1994:  WELLS VISTS LAWYER COLIN MCKINNON IN OTTAWA According to evidence during Well's testimony 04 June 2008 this visit was made after dicusssion with A/C Johnston and others regarding DOUBLE JEOPARDY.  Dunlop had already been investigated re going to CAS.  McKinnon apparently helped Wells et al find a "legal" way to skirt that problem. 

This consultation with McKinnon was obviously sought before the Well's investigation into David Silmer's complaint against Sebalj was even off the ground!  Without conducting any investigation or hearing evidence Wells and whomever had set the wheels in motion to make Perry the fall guy!!!

09 February 1994

D/C J. St. Denis: 11. Summaries of Statements Obtained During This Investigation (Final report to Include Summaries of All Statements Obtained): Statement – Deputy Chief St. Denis. Note that St. Denis says Chief Shaver was by-passing the chain of command. Note too he says that after Shaver announced his retirement he was still firmly in control of decisions with respect to Dunlop’s discipline.  

11 February 1994: 

Cst. P. Dunlop: Perry Dunlop statement re file # C.C. 94-01.  Note Perry states he was investigated and cleared of any charges under the Police Service Act. 

11 February 1994:

Cst. Heidi Sebalj: Constable Heidi Sebalj statement and 11 February 94 Q & As in Wells office  Note Cst. Sebalj'opening statement "I object to and claim privilege..." Who gave Sebalj legal advice?  Who was her lawyer?Note also Constable Sebalj says David Silmser never gave her permission to show her statement but "he never advised me not to show it."  

14 February 1994:  

S/Sgt. D. Dupuis: 11. Summaries of Statements Obtained During This Investigation (Final report to Include Summaries of All Statements Obtained): Statement From Staff Sergeant D. Dupuis. Note that Dupuis said that because his involvement with this matter arose while he was off duty he has no notes.  Perry has been berated and criminalized regarding the notes he did or not take while off duty.   

21 February 1994:

Letter A/Chief Wells to DS re Our File C.C. 94-01 Advising the investigation is still on going.

21 February 1994    

Cst. Brian Snyder: 11. Summaries of Statements Obtained During This Investigation (Final report to Include Summaries of All Statements Obtained): Statement: Cst. B. Snyder.  Note that Snyder does not remember if the gave all David Silmser documents back to Constable Sebalj.  A strange answer which, for whatever reason, was not questioned or pursued.   

01 March 1994:   

Douglas & Nancy Seguin: Statement (interview?) of Douglas Seguin and Nancy Seguin in S/Sgt Well's office  (Summary of Statements Obtained During This Investigation)  Douglas Seguin is Ken Seguin's brother. David Silmser reported that he had been sexually abused by Ken Seguin.  Note that Douglas and Nancy Seguin were convinced that David Silmser had withdrawn his allegations against Ken Seguin.  He did not.   

01 March 1994  

Charlie Greenwell: Charlie Greenwell statement (Charlie Greenwell broke the story of the $32,000 pay-off on CJOH-TV) 

03 March 1994:   

Retired Chief C. Shaver Statement/interview retired Chief Claude Shaver Note the interviewer asks if Shaver is aware that Charlie Greenwell (CJOH-TV) said he, Greenwell, received a statement from John Parisien, President of the Cornwall Police Service Board.  Shaver says his understanding was that Parisien was the source of the story but not particularly of the statement.)  

31 March 1994:    

Cst. J. Parisien: 11. Summaries of Statements Obtained During This Investigation (Final report to Include Summaries of All Statements Obtained): Statement: Constable J. Parisien.  Note the opening statement “I object to and claim privilege…”  It seems that, like Constable Sebalj, Parisien received legal advice.  Who was his lawyer?

Undated: 

Description of Investigative Steps Taken during This Report (Public Complaint - Form 4) This covers steps taken from 21 January 199 (David Silmser's complaint filed) to 31 March 1994.  This is filed as part of S/Sgt. Well's final report.

Note 09 February '94 visit to Colin McKinnon's office in Ottawa.  When was McKinnon first consulted?  

Undated:

Description of Investigative Steps During This Report (Public Complaint - Form 4) This covers investigative steps taken from 21 January 199 (David Silmser's complaint filed) to 21 February 1994.  Contrary to the above this form does not identify the individuals contacted. Why the difference in the two reports I do not know.  There are other minor differences which I have yet to compare.

27 April 1994:

 S/Sgt B.F. Wells to A/Chief Johnston (Internal Correspondence with Form 4 - Final Report re file C.C. 94-01 attached)  Wells essentially exonerates Heidi Sebalj "Although the Complaint s lodged against Cst. Sebalj, there was no evidence to prove that she allowed the victim's statement to be copied and/or authorized the statement be given to any other person/agency, other than to officers of the Cornwall Police Service." Note the past phrase "other than to officers of the Cornwall Police Service." Note that although Perry had presumably been absolved for turning the victim's statement over to the CAS Wells refers to this as a "serious breach of discipline."  (I will try to find the Final Report and post it)

04 May 1994: 

Colin McKinnon to S/Sgt. Brendan Wells: Via Courier. Strictly Confidential  Notice of Disciplinary Hearings is attached (scroll down).  McKinnon suggests charges.  Note the offer to arrange the hearing officer.  Note too in the former McKinnon's suggestion that Perry did "divulge" a statement to CAS which ""was your duty to keep secret."   

12 May 1994:  

Carl R. Johnston (A/Chief) to Susan Watt (Acting Police Complaints Commissioner) re Citizen's Compliant David Silmser Our File No. 94-01  Notice that 94-01 will be of dealt with by way of a Board of Inquiry.  Public Complaint Forms # 19 & 20 enclosed.

May 1994:  

Statement of Alleged Misconduct File No C.C. 94-01 naming Perry (Public Complaint Form #19) Notice that the allegation of misconduct is to be heard by a Board of Inquiry.  Note the file no. is C.C. 94-01, and the Complainant is David Silmser, but - the officer is Perry Dunlop NOT Heidi Sebalj

Notice of referral to Board of Inquiry (Public Complaint Form # 20 ?) Note the file no. is C.C. 94-01, and the Complainant is David Silmser, but - the officer is Perry Dunlop NOT Heidi Sebalj.

16 May 1994

A/Chief Carl R. Johnston to Susan Watt re Citizern's Complaint David Silmser File No. C.C. 94-01.Perry served Perry was served 14 May by S/Sgt. Garry Derochie

02 June 1994:

A/Chief Johnston to David Silmser Re Citizen's Complaint File No. C.C. 94-01. Johnston tells Dave "As a result of the evidence obtained to date, Constable Heidi Sebalj has been exonerated of any wrongdoing regarding this complaint."    

1995:

 Cover page from Board of Inquiry evidence.  Note complainant: D.S. (David Silmser).  Involved officer: Constable Perry Dunlop. Cornwall P.S. # C.C. 94-01.  The latter is the file number originally assigned to David Silmser's Citizen's Complaint against Constable Heidi Sebalj.