BOTCHED DRUG BUST UNDER REVIEW An investigation has been launched into five Calgary police officers, including a senior inspector, by the department's internal affairs unit for their roles in a botched drug bust that occurred more than five years ago. The alleged breaches of police policy come as the provincial Law Enforcement Review Board considers whether the initial investigation of the complaint into the raid of Nancy Killian Constant's Elbow Park home she shared with her husband and four children was appropriately handled. Several officers received minor reprimands for the mistakes they made in 2000, when the family was held at gunpoint as police searched their home for a marijuana grow op that didn't exist. But Killian Constant has been fighting ever since to see those up the chain of command who approved the warrant also held accountable. "I'm very disappointed that we've had to wait this long," Killian Constant said of the new probe launched in November by internal affairs. "These are serious charges against senior members who have an obligation to know what their responsibilities are." A Calgary Police Service spokesman said neither the department nor police Chief Jack Beaton would comment on the case because the investigation hasn't concluded. Beaton will ultimately decide what punishment is meted out, if any. The police union also declined comment, because they are not providing legal representation to the officers involved. "The Calgary Police Service has taken it upon themselves to provide them with representation," said Calgary Police Association spokesman Morton Paulsen. Though the chief has the power to order the officers to a disciplinary hearing, Killian Constant said she doubts that will happen. "I would like to say I'm optimistic but I'm not." Then Sgt. Carl DeSantis, the supervising officer who has since risen to the rank of staff sergeant, and veteran Insp. Paul Manuel, the most senior officer to sign off in the search warrant, are among those now accused by Killian Constant of misconduct. According to the internal police complaint form, it is alleged that DeSantis neglected his duties by giving improper advice, guidance and direction to the rookie officer who obtained the warrant. Manuel is accused of not thoroughly reviewing the information to obtain the warrant before granting authorization. Const. Ian Vernon, initially disciplined for not doing a comprehensive and objective investigation into a dispute between the family and the landlord four days before the search warrant was executed, is accused of not following current policy. It's alleged that fellow officer, Const. Kelly Grant, made statements to internal affairs officers looking into the incident that contradicted his notes and police reports. A fifth officer, Sgt. Rob Williams, is accused of neglect of duty for conducting an incomplete internal investigation of the original complaint. Constables Vernon and Grant, who gave testimony late last year at the LERB, declined to speak about the allegations because of the ongoing investigation. The remaining three officers could not be reached. Now in its sixth year, Killian Constant's case is the longest running complaint against the service. Most cases of alleged misconduct are resolved informally. Of 1,437 complaints made in 2004, the most recent statistics available, 73 proceeded to a formal investigation. Only eight per cent of those were sustained by the chief. Two years after Killian Constant's initial complaint was filed, Beaton admitted mistakes were made. He said a "lack of experience, questionable advice, and errors" played a role in the outcome. But he did not agree that the police officers were negligent in executing the warrant. That view, despite the new internal investigation, apparently hasn't changed. In a recent submission to the LERB, a quasi-judicial body that independently reviews complaints against officers, the police service argues that the initial complaint was "meticulously and scrupulously reviewed," and the chief adequately dealt with the matter. "Many officers and members of the Calgary Police Service have been seriously inconvenienced and harassed for simply doing their jobs," the legal submission states. Killian Constant said she remains concerned about how the department handles complaints of misconduct. "If the chief views complaints as harassing, what does this say about the outcome of the investigation?" she asked. "As citizens, we have a right to go through the process if we feel there hasn't been inappropriate action. For him to dismiss this as harassing is something that should be of concern to all." The LERB has yet to rule on whether the complaint was dealt with properly. Meanwhile, the couple is proceeding with a lawsuit against the department, which has until mid-March to file a statement of defence.
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