OFFICERS CROWD MISCONDUCT HEARING

Complainant Feels 'Threatened'

NEARLY 50 off-duty Winnipeg police officers filled a Winnipeg
courtroom yesterday to show support for eight colleagues accused of
professional misconduct, prompting new allegations from the three men
who say they were viciously beaten.

Marc Fillion -- one of the alleged victims who filed a Law Enforcement
Review Agency complaint in May 2002 -- accused police yesterday of
trying to "intimidate" them by blanketing the court hearing which is
examining their claims.

Alex Chung and Larry Stringer, the other two complainants, accused
several officers of following them around during courtroom recesses
and "glaring" at them as they tried to use the washroom yesterday.

"I'm intimidated right now. They're all staring at me, giving me dirty
looks. I feel really threatened here, and am worried about what's
going to happen when I leave court," Fillion, 39, told provincial
court Judge Murray Howell.

Several officers in the gallery were notably upset by the allegations
and were seen shaking their heads. Fillion testified yesterday that he
and Stranger had gone to the home of Chung's brother and were watching
a hockey game with Chung when police pulled up in the driveway and
began banging on their door.

The self-employed t-shirt maker admitted to smoking a marijuana
cigarette and said they didn't let police in for several minutes while
he tried to find an air freshener to get rid of the drug smell.

It was only during cross-examination from lawyer Rocky Pollack that
Fillion admitted there was a marijuana grow operation in the basement
of the Point Douglas home, which had been fortified because of
previous break-in attempts.

Fillion said police were eventually let in by Chung and began
screaming about the whereabouts of a girl, the Hells Angels and drugs.

Fillion admitted under cross-examination yesterday he is good friends
with a member of the Hells Angels but has no personal involvement with
the outlaw motorcycle gang.

He said a t-shirt found by police at the scene which stated support
for the Hells Angels belonged to a former tenant and had been left
behind.

Fillion said he was handcuffed and repeatedly struck in the face with
the butt of an officer's handgun and flashlight, had his neck stepped
on for nearly 40 seconds, was repeatedly kicked in the stomach, ribs
and tailbone, and had an officer jump on his belly with both feet.

He also claims to have witnessed police assaulting Stranger and Chung
in other parts of the home. "I have no idea why they did this," said
Fillion.

He and Stranger were eventually allowed to leave without being
arrested or charged. They immediately went to a hospital, where a
doctor noted injuries which included bruising around the face and upper body.

They also had a friend take pictures of the injuries, which were
tendered yesterday in court and show bruising and a black eye on Fillion.

"I can't even describe the pain. It hurt to sit down for three
months," said Fillion.

Chung was detained at the scene because he was found to be breaching a
pre-existing bail order by being at his brother's residence.

Chung claims he was taken to the Public Safety Building, where an
officer stuck a gun in his mouth.

All three men filed complaints with LERA, the agency that investigates
complaints against on-duty police officers. LERA then referred the
matter to a judicial hearing, which is set to last two weeks.

Stringer has also filed a civil suit against police over the incident.
It remains before the courts.

All three men are acting as their own lawyers after being refused
Legal Aid. Pollack, who is representing the named officers, fired back
by accusing the trio of "corrupting" the process by ignoring Howell's
instructions and discussing their testimony during the lunch break.
The men denied Pollack's claim, and no further action was taken.

Pollack also asked Chung "am I keeping you awake?" when Chung let out
an audible yawn during cross-examination of Fillion. Howell warned
Chung to keep quiet.

Pollack also drew Howell's ire yesterday when he refused to say
whether his clients were among the dozens of officers sitting inside
the courtroom.

By law, they don't have to attend the hearing, but Howell wanted to
know if they were present before asking Fillion to look around the
courtroom to see if he could identify any of the officers he claims
attacked him.

Because identification is a major issue, Howell said it would be
unfair for Fillion to be scanning a court packed with police officers
which didn't include the ones he has made his complaint against.

Pollack was given until this morning to find case precedent which
would allow him to avoid answering the judge's question.

"I must say I'm not very pleased about this," said
Howell.

The hearing is scheduled for two weeks. Howell could decide the
complaints aren't credible and dismiss the case, or find officers
liable and subject to disciplinary procedures which could range from
admonishment to outright dismissal from the police service.