Whitehorse Daily Star

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Photo by Justine Davidson

FACING THE CRITICS – RCMP officers Graham Belak (left) and Shawn McLaughlin encountered a line of women silently holding signs decrying their alleged behaviour as they exited the Watson Lake courthouse this morning.

Women's groups cry foul over dismissal of hearing

The shock and disappointment were palpable in the Watson Lake courthouse today,

By Justine Davidson on June 13, 2011

WATSON LAKE – The shock and disappointment were palpable in the Watson Lake courthouse today, as a dozen Yukon women listened to a panel of RCMP officers end the internal hearing into the conduct of two disgraced Watson Lake Mounties before it had even begun.

Graham Belak and Shawn McLaughlin sat in the front row behind their RCMP-appointed counsel and listened as the disciplinary hearing against them was dismissed for lack of evidence.

The 20-something nurse who, two years ago, accused the two men of raping her was not present; without her, there would be no hearing.

But the complainant wasn't the only piece of the puzzle missing.

The RCMP didn't have an Appropriate Officer Representative (AOR), the equivalent of the Crown prosecutor, they put forward no evidence and the only motion they made was to adjourn the disciplinary hearing into the alleged sexual assault, which has been in the works for the past 16 months.

"This is almost laughable,” John Benkendorf, counsel for McLaughlin, said after an agent for the non-existent AOR told the three-officer panel that two senior AORs had reviewed the case and refused to peruse it.

Both sides have known since mid-April that the woman refused to come and testify, but it wasn't until Sunday night that a court summons was even written up, and at 8:40 this morning, had not been delivered to the woman.

It likely wouldn't have made much difference.

The nurse said weeks ago she wouldn't come even if it meant breaking the law by ignoring an official summons, the panel heard today. To the women gathered at the courthouse today, it looked as if the RCMP were sweeping the whole thing under the rug.

"Today just reminds me of the residential schools,” said Dorothy Smith, a Ross River elder and member of the RCMP elders' advisory council.

"I think it brings back a lot of memories where a Catholic priest is accused of sexual assault against the children and they just ship them off to another place and it starts all over again.”

Belak and McLaughlin have in fact been relocated, Yukon's Chief Supt. Peter Clark confirmed today, saying they are still technically members of the territory's division but are "on assignment” in Manitoba and Saskatchewan.

Clark denied the summons was made at the last minute, and said it was the final step in a long negotiation to try to get the woman to come to Watson Lake this week.

When asked why the disciplinary hearing could not proceed using transcripts from the original trial, Clark said it would not be fair because there would be no opportunity to cross-examine the woman.

After a week-long trial in March 2010, the two officers were acquitted by Justice Leigh Gower of the Yukon Supreme Court. In his final ruling, Gower said he found the woman's testimony unbelievable, and preferred the version of events given by Belak and McLaughlin.

At the trial, the two men described every detail of a drunken threesome they had with the woman after a party all three attended, and said she was a willing participant.

The woman said she believed she was drugged after going back to Belak's apartment for another glass of wine after having no fewer than a dozen drinks at the party, and was paralyzed when the men had sex with her. There was no forensic evidence to support her theory, however, and she did not report the alleged crime until after any drug would have left her system.

Both officers were off-duty at the time of the alleged assault.

The RCMP should have held the hearing based on the fact the officers had sex with a woman who was too drunk to give legal consent, women's advocate Lois Moorcroft said today, and the fact their behaviour has severely damaged the RCMP's reputation in Watson Lake and beyond.

"It's conduct unbecoming of an officer,” said Julianna Scramstad, director of the Victoria Faulkner Women's Centre. Police officers are held to a higher standard because of their role in the community, she said, and should be held to that same standard by the force.

"When I see this, I think, ‘How many more women aren't going to come forward and make a complaint because where is it going to go?'” said Cathy Johnson, a Watson Lake resident and women's advocate.

"It's going to let their side down and not have a prosecution.

"I was horrified that they didn't amend (the disciplinary hearing's purpose) to cover something other than a sexual assault. … I think their conduct was absolutely unbecoming.

"They are supposed to be morally above reproach and they weren't; they absolutely were not.”

Today's aborted hearing marks the last time Belak and McLaughlin will have to formally answer the charge of sexual assault. It is not on their criminal nor their professional records.

Comments (12)

Up 0 Down 0

bobby bitman on Jun 19, 2011 at 2:15 am

I see the behavior of the two older policemen as predatory. Sorry, but a drunk young woman at a party is an easy target for a couple of older men who want sex. They of all people should have known how these scenarios play out, and should have made sure she made it home safely rather than taking advantage of the situation and playing it out by taking her somewhere else and taking turns having sex with her.

The fact that she smokes marijuana is completely irrelevant. Millions of Canadians do the same, and this does not make them lesser human beings. It is too bad that she did not ONLY smoke pot because this whole scenario is typical of the world of BOOZE.

Up 2 Down 1

northone on Jun 15, 2011 at 2:22 pm

I too have read the judge's decision and can see no reason why these officers should be sanctioned. Unfortunately, radical feminists seem more motivated by ideology than facts.

Up 3 Down 0

KC on Jun 15, 2011 at 7:42 am

I don't think that anyone who hasn't read the Judge's full decision at the criminal trial is equipped to comment on the guilt or innocence of the accused. I have read it and I find his reasoning is impeccable. So did my wife who has stronger feminist sympathies than I.

A lot of the arguments raised by those who want to throw the book at Belak and McLaughlin are dealt with there (i.e. she was not to intoxicated to consent, the judge did not find consent simply from flirtatious conduct and looked at the totality of the evidence, etc.). You can read it here:

http://www.yukoncourts.ca/judgements/supreme/2007/2010_yksc_09_hmq_v_mclaughlin_and_belak.pdf

As for whether or not married RCMP officers should be engaged in consensual threesomes with married women in small communities and whether that should have any impact on their job is up for debate. I say it shouldn't have an impact but I guess reasonable people can disagree with that. Doesn't make them guilty of rape though.

Up 0 Down 3

Lana on Jun 15, 2011 at 3:22 am

Joel,

As officers of the law, they should be fully aware that anyone who is intoxicated is unable to give consent. If they are unable to understand this in their personal 'sex lives', what does this mean for their professional conduct?

Up 0 Down 2

yukonwoman on Jun 15, 2011 at 2:40 am

Again I am taken aback by some of the negative comments here. Just for a moment for those of you that think these individuals did nothing wrong...imagine having a daughter who goes to a community to work, she goes to have a few drinks at a party, you would expect her to be able to get home safely especially if there are some RCMP members attending the party and she is new in town. This did not happen! Ok so she admitted to smoking pot. You can bet that if that was a female cop and two average joe blows, they would be sitting in cells in a federal pen somewhere.

We do hold our RCMP to a higher standard for sure whether they are on duty or not, and this is a role they take on when they sign up to serve and protect.

If you can not trust having a few drinks with the police who the hell can you trust!?

So again get off your high horse and see the other side of things. This woman I am sure thought long and hard before coming forward with her claim, the strength that it must have taken to do that I am sure many others would not have.

Up 0 Down 0

Yukon Dsl on Jun 15, 2011 at 1:11 am

What Francias said!

Up 3 Down 0

Carmella Civka on Jun 14, 2011 at 6:01 am

I thought this was over a while ago. Oh wait, I just wished it was done as I'm sure so is the woman who made the complaint. I understand these women's groups want exposure at any cost but geez, pick a different poster child already. Don't they realize that everytime they mention these men or this case, it brings emotions to the surface again? Just let everyone go on with their lives already.

Up 4 Down 0

Francias Pillman on Jun 14, 2011 at 3:44 am

These protesters should be ashamed of themselves. The so called victim was already proven a liar in court. Why are you at this hearing harassing these cops? Where were you guys when Eddie Skookum was being charged then let go scot free? No where. Please get your priorities straight before you make more fools of yourselves.

Up 0 Down 0

Shameful on Jun 13, 2011 at 3:25 pm

Colour me surprised.......NOT!

Up 4 Down 0

Ckarke Griswald on Jun 13, 2011 at 11:15 am

This is ridiculous, from all I read and from what I've seen the complainant has basically been told by the judge that she is a liar, she admits to being a pot smoker. In my view these two members are the " victims"! They have been dragged through the mud because of her, they have had to move outside of the territory because of her, for all we know she is sitting back smoking a doobie and hoping Morcroft and her lynch crew keep up the crusade, that is a disgrace!

Up 0 Down 2

Bruce Fast on Jun 13, 2011 at 10:47 am

Our police force is becoming a band of goons. Even if these officers only did what they confessed to they should be fired! Where's the protest, I want to join!

(Better wear my helmet, chances of being arrested or zapped for a peaceful protest is high these days.)

Up 3 Down 0

Joel on Jun 13, 2011 at 8:35 am

Good thing this is over and hopefully it can be left where it belongs, in the tabloid section.

Whether you like their sexual exploits or not, there is nothing to prove that anything they did was wrong. In the real world, there are all kinds of things people do for sexual fun...a threesome is low on the scale.

How does their sex lives have anything to do with "conduct unbecoming"?

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