POLICE OFFICER CLEARED IN BIKER T-SHIRT INCIDENT

Disciplinary Hearing Finds No Proof Constable Swore

An Ottawa police officer, accused of discreditable conduct after
confronting a man wearing a Hells Angels T-shirt, has been cleared of
wrongdoing.

Const. Michael Pare was accused of swearing at Luc Levesque after
stopping to question the Gulf War veteran at the Place D'Orleans mall
about his black T-shirt, which had a picture of a stylized
motorcycle, flames, skulls and the words "Support Worldwide."

Mr. Levesque, 42, a Newfoundland resident who was visiting his
parents that December 2004 day, testified yesterday at a police
disciplinary hearing that he didn't know then that his T-shirt
displayed coded allusions to the biker gang.

The officer, however, approached the man after noticing the shirt,
which used the acronym SYLHA, which stands for "Support Your Local
Hells Angels." The motorcycle pictured on the shirt had a large 81 on
the front -- which refers to the eighth and first letters of the alphabet, HA.

Yesterday, Mr. Levesque testified the officer approached and asked
him "what's with the f---ing shirt?" as Mr. Levesque shopped with his parents.

Mr. Levesque's parents testified they never heard the officer swear,
even though they were standing nearby.

Mr. Levesque, who suffers from post-traumatic stress disorder,
anxiety and depression, testified the shirt was given to him by
another veteran and he didn't realize its significance.

A decorated Canadian Forces medic, Mr. Levesque testified the officer
told him the shirt violated mall policy prohibiting anyone from
wearing "gang colours" and he would have to take it off or leave the mall.

"I refused to take off the shirt. I didn't see anything offensive
about it," Mr. Levesque testified.

During the hearing, Const. Pare accused Mr. Levesque and his parents
of being liars and testified Mr. Levesque "exploded" when he approached him.

Const. Pare said Mr. Levesque and his father, Claude, started
swearing at him after he approached in a "non-confrontational"
manner. He added that Mr. Levesque and his family left the mall on
their own and he never ordered him to remove the shirt.

Mr. Levesque complained to Ottawa police, which conducted an internal
investigation that cleared the officer.

Mr. Levesque complained again, this time to the Ontario Civilian
Commission on Police Services, which ruled that the officer should
face the discreditable conduct charge under the Police Services Act.

Yesterday, Const. Pare was cleared of those charges.

"There is absolutely no clear and convincing evidence in front of me
that you used profane, abusive or insulting language," hearing
officer Terrence Kelly ruled after listening to contradictory
evidence from Mr. Levesque and Const. Pare.

Following that decision, Const. Pare lashed out at the Ontario
Civilian Commission on Police Services, saying its recommendation the
case proceed to a hearing, after his department cleared him, has
"tainted" his career and cost him promotions.

"It's amazing to me that a province so adamant about defending the
rights of all citizens seems to completely disregard that philosophy
when the citizen happens to be a police officer," said Const. Pare,
describing how the proceedings cost him a secondment to the prime
minister's security detail and a chance to be a coach officer.

"There should have been a better review of this citizen's complaint,
a review capable of distinguishing a legitimate complaint," he said.

Civilian commission registrar Mary Camacho could not speak about Mr.
Levesque's case, but said the commission does not pass judgement,
merely making recommendations based on the information presented.

"We just tell (the police) 'have a look at this'," she said.

Although the officer was found not-guilty, Mr. Kelly recommended that
Const. Pare employ a different approach when questioning people.

Following the hearing, Mr. Levesque -- who said he is not a biker --
said he expected the verdict and was satisfied.

"I am an advocate for free speech and basic human rights. I
accomplished what I set out to do, which was teach him a lesson,"
said Mr. Levesque. "People are judged by how they look."

Mr. Levesque, who still wears the T-shirt, said he didn't know any
Hells Angels at the time of the incident, but has gotten to know many
since. Biker friends helped him get a deal on a Harley-Davidson low
rider, he said.

Mr. Levesque said he was willing to resolve the matter through
informal resolution, but the police refused to pay his travel costs
from Newfoundland. His costs were covered to attend yesterday's hearing.