PATHOLOGIST BLAMED DEATH ON COCAINE AFTER OFFICER CHARGED

Opinion Shifted, Allen Inquest Told

Even after Constable Paul Van Seters was charged with criminal negligence,
the pathologist who conducted an autopsy on Kenneth Allen maintained he
died of cocaine poisoning, not asphyxiation, a coroner's jury has been told.

Gareth Jones, a member of the special investigations unit, was testifying
yesterday at the inquest into the death of Allen, who was brought to 52
Division at Dundas St. W. high on cocaine on Nov. 29, 1991, after
assaulting a streetcar conductor.

Allen, 32, who went limp and was dragged through the station with a
nightstick under his neck, died later in hospital.

About 2 1/2 years after the incident, Van Seters was charged with criminal
negligence causing death.

Peter Rosenthal, a lawyer representing the Black Action Defence Committee,
questioned Jones about notes he made of an interview with pathologist Noel
McAuliffe, conducted by a prosecutor preparing for Van Seters' trial.

McAuliffe originally concluded the cause of death was cocaine poisoning,
but changed his opinion to include the possibility of asphyxiation after
meeting with police and prosecutors in December, 1993.

Jones testified, however, that during the later interview McAuliffe told
prosecutor Aimee Gauthier that Allen died of "cocaine poisoning."

Van Seters was acquitted after a trial in 1996.

Former SIU investigator Milan Then has testified he "never" believed there
were reasonable grounds to charge Van Seters, because Allen's injuries
could have been caused before his arrival at the police station.

Rosenthal also questioned Jones about notes he took of his own interviews
with two pathologists in connection with the criminal prosecution.

The notes indicate pathologist Donald Reay, of Seattle, told him "neck
constriction is the best explanation of this man's death." Jones' notes
also say pathologist Peter Markesteyn, Manitoba's chief medical examiner,
told him the autopsy results were "indicative of an asphyxiation death."

The inquest resumes today at coroner's court.