POLICE PROBED FOR COURT RAGE

Cops Furious Accused Shooter Released

Defence Lawyer Worries For Client's Safety

WINNIPEG police officers who publicly vented their frustration with
the justice system now face an internal investigation and possible
sanctions for their angry outbursts in court, the Free Press has learned.

The primary focus is an unidentified officer who interrupted Court of
Queen's Bench Justice Karen Simonsen by yelling: "Why didn't you just
kill him?" only seconds after she granted bail to a man charged with
shooting and wounding two police officers last December.

Nearly a dozen other officers -- most of them in uniform -- joined
him in protest by getting up at once and storming out of court last
week as Simonsen read her controversial decision to release Daniell Anderson.

"There's your f---ing justice system for you," said another officer
as he walked out of court. "F---ing ridiculous," said another.

It's not believed the judge heard those two comments, although people
sitting in the public gallery did.

The conduct quickly caught the attention of justice officials and
senior police management.

Winnipeg Police Service spokeswoman Const. Jacqueline Chaput said
Wednesday that "police are aware of the allegations and are
investigating" but provided no further details or timeline.

Justice sources told the Free Press the officer's comments would
probably meet the test required for a contempt of court charge,
although it's unlikely such a citation would be made after the fact.

The more likely scenario involves the Manitoba judiciary requesting
an apology and possible workplace reprimands against the officers for
unprofessional behaviour and being disrespectful of the judicial process.

"If that was a group of Hells Angels acting that way in court, you
don't think there'd be people crying foul?" one high-ranking judicial
source told the Free Press Wednesday.

Anderson's lawyer, Roberta Campbell, said she is worried about her
client's safety following the courtroom outburst. She asked Simonsen
to reconsider a bail condition last week that allows police to search
his Jubilee Avenue home whenever they want without having to get a warrant.

"Based on the comment I just heard, I have an extreme concern with
giving police an open-ended ability to go in virtually every day and
night if they want," Campbell said.

The judge acknowledged hearing the comment -- which she called
"unacceptable" -- but declined to restrict the ability of police to
check up on Anderson.

"I'm not satisfied there's any reasonable expectation police will
misconduct themselves. But if (the condition) is being abused in any
way, defence council can come back and take further steps," Simonsen said.

Crown attorney Chris Vanderhooft, who met outside court with the
outraged officers, later assured Simonsen that police would be
professional. He also apologized for the courtroom outburst.

Another justice source told the Free Press there is now concern the
Crown's case against Anderson could be damaged because police
officers may be perceived as "bullies" based on what happened in court.

Anderson is expected to claim he acted in self defence. His family
has said he believed the officers were home invaders and he retreated
to the bathroom to protect himself. Police have said they properly
identified themselves as police officers during the entire event.

Loren Schinkel, president of the Winnipeg Police Association, told
the Free Press he doesn't blame his members for being upset.

"All Manitobans should be outraged by this. It is not acceptable.
This really shows the disconnect that exists between the system and
what the public expects. It shows the suspect's rights at the end of
the day overshadow the rights of our citizens and our members," he said.

Anderson, 21, was arrested after constables Curtis Penner and Donald
Murray were seriously wounded by a series of shotgun blasts that came
from behind a bathroom door during a raid involving 12 members of the
street-crime unit.

Penner and Murray remain off-duty and are continuing to recover at home.

A third officer, Jeremy Cull, was also hit in the leg after Murray
fired three shots back at Anderson, with one of the bullets
ricocheting back. Cull has since returned to work.

Anderson was also shot in his arm and hand, losing three fingers.

Cull was also in court last week but remained silent, although he was
clearly frustrated by Anderson's release. His fiancee began crying as
the decision was announced.

Simonsen said last week that Anderson's continued detention in jail
"is not necessary to maintain confidence in the administration of justice."

A court-ordered ban on the bail hearing prevents specific details
from being published.

Justice sources also said they are concerned the already chilly
relationship between the police and the courts has suffered greater
damage by last week's incident.

There have been many blow ups in recent years when judges threw out
cases that police believed were rock solid. Some judges have ruled
that police violated the Charter of Rights and Freedoms when
executing warrants or making seizures.

Recently retired police chief Jack Ewatski was often critical of the
bench for some of its decisions, but also struck an internal
committee to study what steps police can take to ensure stronger cases.