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.