NORTH Vancouver Mounties were in court Tuesday to support one of their own. Const. Ron MacDougall was in North Vancouver courthouse to be sentenced for assaulting a handcuffed burglary suspect.
Several North Vancouver RCMP officers, including junior and senior members, were dressed in casual sports shirts. One officer was wearing shorts. The police officers chose not to wear uniforms following a B.C. Supreme Court judge's remarks criticizing officers in uniform for sitting in a public courtroom at the hearing of a convicted cop killer.
The local Mounties did not want to provoke North Vancouver provincial court Judge Jerome Paradis. Some of the officers in previous court proceedings went as far as waiting in a hallway instead of going into the public courtroom and possibly antagonizing the judge.
Paradis lashed out at police last week in court, saying he was "at the end of his rope" regarding the North Van Mounties' use of police dogs for what the judge felt was "street justice."
A week later officers witnessed Paradis ignore the Crown's position on MacDougall's sentencing. The judge gave him a tough sentence, one that carries a criminal record.
Paradis fined MacDougall $500 and placed him on nine months' probation for assaulting Barmack Kasarei.
Kasarei, 19, was suspected of breaking into Carson Graham secondary on Dec. 30, 1997. Kasarei had been caught in a ravine area by Const. Sue Tupper. Tupper complained to her supervisors after MacDougall's dog was directed to a handcuffed Kasarei. The dog bit Kasarei's neck and back. MacDougall then kicked Kasarei in the stomach and groin three or four times.
Kasarei did not officially complain about the incident. He suffered minor injuries.
Paradis rejected the argument that MacDougall "kicked at the suspect" to provide positive reinforcement for the police dog through controlled aggression at the end of the tracking of a suspect.
MacDougall is an 18-year Mountie veteran with a previously "spotless police record." Paradis ordered MacDougall to complete anger management counselling. He also ordered MacDougall to perform 50 hours of community work service by Dec. 31.
Paradis wrote that there was a need "to openly and clearly denounce the abuse of trust" represented by MacDougall's actions. MacDougall appeared surprised at the sentence's severity. Said MacDougall's lawyer Jack Harris, "I agreed with the Crown that a conditional discharge was appropriate."
A conditional discharge involves a probation term. If successfully completed, the sentence results in no criminal record.
A remorseful McDougall has already been disciplined by the RCMP for the assault. He was docked two days pay and has a reprimand on his police record following an internal investigation. He pleaded guilty to the criminal assault charge.
McDougall's sentence came a week after Paradis lashed out at the actions of another North Vancouver Mountie police dog handler.
On Sept. 15, Paradis granted an absolute discharge (no criminal sanction) to Michael Dwayne Prentice who was caught and bitten by a police dog on Sept. 14 in North Vancouver.
Prentice had also been charged with obstructing North Vancouver RCMP dog handler Const. Shaun Brozer on Sept. 14 by giving a false name. The police obstruction charge was dropped (stay of proceedings) by the Crown.
In addition to granting an absolute discharge on the one probation breach, Paradis sentenced Prentice to 28 days in jail for two other probation breaches.
Paradis said that he felt the apprehension was a form of street justice.
The judge told Crown lawyer Louise Gauld to express his comments to the RCMP.
Prentice's lawyer David Walsoff said his client was limping after being bitten by the dog more than once. Walsoff said his client was adamant that he was not warned about the police dog before being bitten.
Prentice did not return News calls. He was no longer in jail nine days after being sentenced.
North Vancouver RCMP Insp. Gordon McRae declined to comment on MacDougall's case.
Regarding the judge's remarks made at Prentice's sentencing, McRae said, "Obviously I'm concerned any time there is criticism with the police, but especially concerned when it comes from the bench...
"I don't agree with that comment (about street justice) and I'm extremely concerned that that perception would exist from the judiciary or the public."
McRae said he has reviewed the Prentice incident and does not believe an internal investigation is necessary.
McRae said Prentice ran from police and hid in a bush area. The inspector said two warnings were shouted before the dog went after the suspect.
McRae said all dog bites are reviewed.
"I don't want people out there to think these dog members are out releasing their dogs who are biting people indiscriminately... We recognize this is a use of force."
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