Two OPP officers charged with breach of trust

These are violations by the Ontario Provincial Police officers dealing with the Criminal Code of Canada, Controlled Substance and Abuse Act, Customs and Excise Act, etc.

Two OPP officers charged with breach of trust

Postby Thomas » Wed Jul 23, 2014 4:17 am

Two OPP officers are facing criminal charges in relation to alleged offences that occurred between 2009 and 2014.

During the summer of 2012, information was provided to investigators that an OPP officer was disclosing private information, according to a press release issued Tuesday evening.

As a result of an "extensive investigation" under the direction of OPP Det. Insp. Paul Yelle, Criminal Investigation Branch and the OPP Professional Standards Bureau, OPP have charged 44-year-old Const. Luanne MacDonald, of the Alexandria satellite office, with the following offences:

* Breach of Trust by Public Officer (3 counts)

* Obstruct Justice

* Voyeurism

* Distribution of Voyeurism Material

* Theft of Telecommunications Service and

* Fraud

She was released on a Promise to Appear and Officer-In-Charge Undertaking to appear in the Ontario Court of Justice, Alexandria, on Sept. 3.

"The accused is an 8-year member of the OPP and has been suspended with pay as per the Police Services Act of Ontario."

Also charged is 41-year-old Const. John Bernard of the Alexandria satellite office.

He has been charged with Breach of Trust by Public Officer (2 counts).

He was released on a Promise to Appear and Officer-In-Charge Undertaking to appear in the Ontario Court of Justice, Alexandria on Sept. 3.

"The accused is a 14-year member of the OPP and has been suspended with pay as per the Police Services Act of Ontario."

Anyone who has information about this case is asked to contact the OPP at 1-888-310-1122.

http://www.standard-freeholder.com/2014 ... rs-charged
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2 OPP officers in Alexandria charged with breach of trust

Postby Thomas » Wed Jul 23, 2014 4:18 am

Two OPP officers in Alexandria, Ont., have been charged with breach of trust after investigators received a tip an officer was disclosing private information.

Ontario Provincial Police said they received information two years ago about offences that were alleged to have occurred between 2009 and 2014.

After an investigation Const. Luanne MacDonald, 44, an eight-year member of the OPP, was charged with the following offences:

Three counts of breach of trust by public officer.

Obstructing justice.

Voyeurism.

Distribution of voyeurism material.

Theft of telecommunications service.

Fraud.

Const. John Bernard, 41, also from the same satellite office in Alexandria, also faces two charges of breach of trust.

Both were suspended with pay and released with a promise to appear in the Ontario Court of Justice in Alexandria, Ont., on Sept. 3.

http://www.cbc.ca/news/canada/ottawa/2- ... -1.2714966
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OPP charge two officers with criminal offences

Postby Thomas » Wed Jul 23, 2014 4:19 am

Two Ontario Provincial Police officers were charged Tuesday after an investigation into an allegation that an officer was disclosing private information.

The investigation, under the direction Det.-Insp. Paul Yelle of the criminal investigation branch and professional standards bureau, looked into incidents that occurred between 2009 and 2014.

As a result of the investigation, Const. Luanne MacDonald, 44, and Const. John Bernard, 41, both of the Alexandria satellite office of the Stormont, Dundas and Glengarry detachment, face criminal charges and have been suspended with pay.

MacDonald, an eight-year member of the OPP, is charged with three counts of breach of trust by public officer, voyeurism, distribution of voyeurism material, fraud, obstruct justice and theft of telecommunications service. She was released with a promise to appear.

Bernard, a 14-year OPP veteran, is charged with two counts of breach of trust by public officer. He was released on a promise to appear.

http://ottawacitizen.com/news/local-new ... l-offences
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OPP charge 2 of their officers in breach of trust probe

Postby Thomas » Wed Jul 23, 2014 4:19 am

NORTH GLENGARRY, Ont. – Ontario Provincial Police have charged two of their own after an investigation into the disclosure of private information in eastern Ontario.

The force says they were tipped off in summer 2012 about the alleged disclosure by an officer, with the investigation finding offences allegedly occurring between 2009 and 2014.

Two constables with a combined 22 years on the force, who were with the North Glengarry detachment, have now been charged.

Luanne MacDonald, 44, is charged with three counts of breach of trust by public officer and one count each of obstructing justice, voyeurism, distribution of voyeurism material, theft of telecommunications service and fraud.

John Bernard, 41, faces two counts of breach of trust by public officer.

Both have been suspended with pay, as per the Police Services Act, and are due in court Sept. 3.

http://www.680news.com/2014/07/22/opp-c ... ust-probe/

http://www.insidetoronto.com/news-story ... t-charges/
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OPP officer Luanne MacDonald accused of secretly filming ...

Postby Thomas » Fri Jul 25, 2014 2:10 pm

OPP officer Luanne MacDonald accused of secretly filming naked adult

Veteran Ontario Provincial Police Const. Luanne MacDonald is facing several criminal charges, including allegations she secretly filmed a naked adult while on duty and then shared the recording, according to court documents obtained by CBC News. ​

MacDonald, 44, has been charged with voyeurism, distribution of voyeurism material, fraud, theft of telecommunications service, obstructing justice and three counts of breach of trust by a public officer. She is an eight-year member of the OPP based in Alexandria, Ont. east of Ottawa.

A second officer from the same OPP office, 41-year-old Const. John Bernard, has also been charged with two counts of breach of trust in the same investigation. Bernard is a 14-year OPP veteran.

Both officers have been suspended with pay and released with a promise to appear in court in Alexandria on Sept. 3.

OPP launched an internal investigation two years ago after receiving information that a constable in Alexandria was disclosing private information.

"The majority of our officers are good, well-rounded officers," said OPP Sgt. Kristine Rae.

"Unfortunately there are circumstances such as this. We will still investigate, we will charge and we will hold them accountable for what they're doing."

'They should have been more professional'

Residents of the small community of Alexandria are coming to grips with the disturbing news that two of their police officers are facing criminal charges.

"You know, it's sad, it's embarrassing on this town, what happened, and they should have been more professional," said resident Patricia Young.

"I think it does cast a shadow on this force as a whole," said Leo Lehtiniemi.

Resident Joe Seguin recalled how MacDonald, who grew up in the area, once cut him some slack during a traffic stop.

"I can't say nothing against her because she was a nice person. She stopped me on the road and she was OK," he said.

Alexandria, situated 100 kilometres east of Ottawa, has a population of 3,500 people.

http://newsontario.ca/2014/07/23/opp-of ... ked-adult/
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OPP officer Luanne MacDonald accused of secretly filming ...

Postby Thomas » Fri Jul 25, 2014 2:19 pm

OPP officer Luanne MacDonald accused of secretly filming naked adult

Veteran Ontario Provincial Police Const. Luanne MacDonald is facing several criminal charges, including allegations she secretly filmed a naked adult while on duty and then shared the recording, according to court documents obtained by CBC News.

MacDonald, 44, has been charged with voyeurism, distribution of voyeurism material, fraud, theft of telecommunications service, obstructing justice and three counts of breach of trust by a public officer. She is an eight-year member of the OPP based in Alexandria, Ont. east of Ottawa.

A second officer from the same OPP office, Const. John Bernard, 41, has also been charged with two counts of breach of trust in relation to the same investigation. Bernard is a 14-year OPP veteran.

Both officers have been suspended with pay and released with a promise to appear in court in Alexandria on Sept. 3.

Ontario Provincial Police said it launched an internal investigation two years ago, after receiving information that a constable in Alexandria was disclosing private information.

"The majority of our officers are good, well-rounded officers," said OPP Sgt. Kristine Rae.

"Unfortunately there are circumstances such as this. We will still investigate, we will charge and we will hold them accountable for what they're doing."

Residents of the small community of Alexandria are coming to grips with the disturbing news that two of their police officers are facing criminal charges.

"You know, it's sad, it's embarrassing on this town, what happened, and they should have been more professional," said resident Patricia Young.

"I think it does cast a shadow on this force as a whole," said Leo Lehtiniemi.

Resident Joe Seguin recalled how McDonald, who grew up in the area, once cut him some slack during a traffic stop.

"I can't say nothing against her because she was a nice person. She stopped me on the road and she was okay," he said.

Alexandria, situated 100 kilometres east of Ottawa, has a population of 3,500 people.

https://ca.news.yahoo.com/opp-officer-l ... 38156.html
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OPP officers charged in breach of trust probe due in court

Postby Thomas » Wed Sep 03, 2014 8:48 am

NORTH GLENGARRY, Ont. – Two Ontario Provincial Police officers with the North Glengarry detachment are due in court Wednesday to face charges in connection to a breach of trust probe.

Luanne MacDonald, 44, is charged with three counts of breach of trust by public officer and one count each of obstructing justice, voyeurism, distribution of voyeurism material, theft of telecommunications service and fraud.

John Bernard, 41, faces two counts of breach of trust by public officer.

The force was tipped off in the summer 2012 about the alleged disclosure by an officer, with the investigation finding offences allegedly occurring between 2009 and 2014.

The two constables have a combined 22 years on the force. Both have been suspended with pay, as per the Police Services Act.

http://www.1310news.com/2014/09/03/opp- ... t-probe-2/
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SD&G OPP officers back in court March 4

Postby Thomas » Sat Feb 21, 2015 5:13 pm

Two SDG OPP officers continued their journey through the court system last week.

Constables Luanne MacDonald and John Bernard, of the Alexandria detachment, were told in Alexandria court to make another appearance on March 4 in regards to their alleged involvement of secretly taping a naked person and sharing it abroad.

MacDonald is charged with voyeurism, distribution of voyeurism material, fraud, theft of telecommunications service, obstructing justice and three counts of breach of trust by a public officer.

Bernard faces two counts of breach of trust.

They were arrested last July.

http://www.standard-freeholder.com/2015 ... rt-march-4
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OPP officers have court dates

Postby Thomas » Sat Mar 07, 2015 4:53 am

The two SDG OPP officers charged in connection with a voyeurism incident involving a naked person will be returning to court for another appearance on April 8.

Luanne MacDonald, 44, is charged with voyeurism, distribution of voyeurism material, fraud, theft of telecommunications service, obstructing justice and three counts of breach of trust by a public officer. Partner John Bernard is charged with breach of trust by a public officer.

http://www.standard-freeholder.com/2015 ... ourt-dates
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SDG OPP officers' trial could be held in Ottawa

Postby Thomas » Tue May 17, 2016 3:38 pm

ALEXANDRIA -- There is a looming possibility a legal case of police accountability with considerable public interest could be held in Ottawa, instead in a local courtroom.

Two SDG OPP officers, Consts. Luanne MacDonald and John Bernard, have been charged in relation to incidents involving voyeurism and breach of trust.

Representatives for the Cornwall/SDG Crown Attorney and lawyers for MacDonald and Bernard appeared in Alexandria Wednesday with a request to move the trial to Ottawa. Either the Crown or defence attorneys can request the court consider a change of venue for any trial under Sec. 599 of the Criminal Code of Canada if they feel the local venue isn’t suitable to hear the case.

But at the last minute, a court procedural mix-up temporarily shelved the confirmation of the trial's dates and locale.

Earlier, assistant Crown Andre White was in agreement with a Gaye Leroux, who was acting as an agent for Bernard's legal counsel Mark Wallace, to set an Ottawa trial date of Jan. 16. This was accepted by Justice of the Peace Ginette Forgue.

Some minutes later, Cornwall lawyer Terry Mazerolle, acting on behalf of MacDonald's counsel, Michael Edelson, was agreeable to several trial dates: Jan. 16, Feb. 17 and Feb. 27 to March 3.

White, however, voiced his hesitation to confirm the Crown's position, indicating it was his understanding both officers' matters would be heard as a single trial.

A courtroom clerk also noted she had not received any trial co-ordination documentation.

White asked the matter be adjourned for one month, presumably so the defence and prosecution could sort out the discrepancy in the dates.

Forgues told the parties the issue would be revisited on June 8 in Alexandria court.

There was no discussion on why the trial would be held out of the Cornwall/SDG jurisdiction.

For the vast majority of cases, the matters are dealt with in a courtroom within the court system local area.

Interviews with Edelson and Attorney General spokesperson Brendan Crawley were requested.

MacDonald and Bernard were arrested in July 2014 after a complaint was lodged in 2012 about the distribution of private information.

http://www.standard-freeholder.com/2016 ... -in-ottawa

http://myinforms.com/en-ca/a/33189120-s ... in-ottawa/
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Trial venue change for OPP officers in Alexandria?

Postby Thomas » Thu Jun 09, 2016 3:03 pm

ALEXANDRIA - Trial dates for two SDG OPP officers facing voyeurism and breach of trust charges could be confirmed next month.

The intention of the Crown attorney's office is to hold joint trials for Consts. Luanne MacDonald and John Bernard in Ottawa.

But assistant Crown attorney Andre White told Alexandria court that a June 20 meeting between appointed trial judge Justice Franco Giamberardino and regional Senior Justice Hugh Fraser needs to occur before officially accepting the Ottawa dates of Jan. 16 to Feb. 17 and Feb. 27 to March 3, 2017.

Justice of the Peace Ginette Forgues agreed the meeting needed to conclude before making the trial dates official, and suggested that court return to confirm these details on July 6 in Alexandria.

It is uncommon for a trial to be held out of the jurisdiction where the alleged crimes took place. Normally, the public is served best if court proceedings are held in the same locale.

Sec. 599 of the Criminal Code of Canada allows for a court location to be selected elsewhere.

White had indicated that an Ottawa-based assistant Crown is needed to pursue the prosecution because of the past professional relationship between local prosecutors and the accused police officers, and that Ottawa would be more suitable for prosecution.

The defence lawyers for MacDonald and Bernard, Michael Edelson and Mark Wallace respectively, work out of Ottawa as well.

http://www.standard-freeholder.com/2016 ... alexandria
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OPP officer who texted naked picture of inmate

Postby Thomas » Sat Jan 28, 2017 2:40 pm

OPP officer who texted naked picture of inmate previously ignored sexual assault complaint

After the OPP started secretly monitoring the phone of one of their own officers, they found out Const. Luanne MacDonald had sent a photo to her boyfriend of a half-naked, intoxicated woman in a police cell block.

Her boyfriend also happened to be an OPP constable.

And that’s not all the OPP discovered about MacDonald, who worked at the Alexandria office of the Stormont, Dundas and Glengarry detachment.

In March 2014, MacDonald got a call from a mother who reported her drunken boyfriend had sexually assaulted her 14-year-old daughter. MacDonald not only discouraged her from filing a complaint, but also lied about what she knew of the assault to an investigator.

These details were revealed in an agreed statement of facts filed at the Ottawa courthouse after she pleaded guilty last week to one count of obstruction of justice.

Unbeknownst to MacDonald, 46, the OPP were secretly monitoring her phone calls and text messages in 2014 under a court order

Unbeknownst to MacDonald, 46, the OPP were secretly monitoring her phone calls and text messages in 2014 under a court order.

The document filed with the court contains excerpts of the incriminating calls and messages, but it does not explain why her private communications were being intercepted.

Her Ottawa-based lawyer, Michael Edelson, declined to comment on the case.

The probe into the officer also resulted in seven other charges being laid on July 23, 2014, including breach of trust by a public officer, theft of telecommunication, fraud, voyeurism, and distribution of voyeurism material stemming from unrelated incidents.

The agreed statement of facts reveals the constable suggested the mother not file a police report and made sure the reported sexual assault stayed a secret.

MacDonald agreed with the mother that reporting the sexual assault would tear the family apart and “destroy a business.”

“CAS (Children’s Aid Society) is going to be in our face,” MacDonald told the mother, adding that if charges are laid, “(the boyfriend) won’t be able to be around your kids, like any of them.”

MacDonald told her not to tell anyone about their discussion despite acknowledging in a text message that she had a duty as a police officer to investigate.

MacDonald told one of her friends that the boyfriend fondled the teen’s breasts and removed her pyjamas, and that she was “not saying a f—–g word” about it.

She also shared details of the mother’s allegations with her boyfriend, OPP Const. John Bernard, according to the agreed statement of facts.

“In her conversations with Bernard about the incident and her failure to report they discussed how they would make efforts to protect her from her failure to report,” according to the court document.

Bernard was later charged in July 2014 with two counts of breach of trust by a public officer. He has not yet entered a plea on either charge.

Both officers remain suspended with pay, according to the OPP.

When confronted by another OPP officer investigating the sexual assault, MacDonald lied about what she knew of the complaint. In the end, no charges were laid.

Another admitted fact revealed that while MacDonald was on duty on April 9, 2014, she photographed a surveillance screen showing a partially clothed woman detained in the cell block.

Police intercepted messages she sent from her BlackBerry to Bernard that included the photo of the woman who was not wearing pants.

MacDonald also breached an order from her supervisor, an inspector, by contacting an unidentified individual believed to be “deceitful and treacherous in dealing with the police” by exchanging more than 600 phone calls and text messages with the person between 2011 and 2014, according to the agreed statement of facts.

She is scheduled to return to the Ottawa courthouse on March 3 for a sentencing hearing.

http://news.nationalpost.com/news/canad ... -complaint
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OPP secretly monitored officer

Postby Thomas » Sat Jan 28, 2017 2:40 pm

OPP secretly monitored officer — discovered she sent photo to her boyfriend of half-naked female prisoner

After the OPP started secretly monitoring the phone calls and text messages of one of their own officers, they found out Const. Luanne MacDonald had sent a photo to her boyfriend of a half-naked, intoxicated woman detained in a police cell block.

Her boyfriend also happened to be an OPP constable.

And that’s not all the OPP discovered about MacDonald, who worked at the Alexandria satellite office of the Stormont, Dundas and Glengarry detachment.

In March 2014, MacDonald got a call from a mother who reported her drunken boyfriend had sexually assaulted her 14-year-old daughter. MacDonald not only discouraged the concerned parent from filing a complaint, but she also tried to cover her tracks and lied about what she knew of the assault to an investigator.

The details of MacDonald’s on- and off-duty behaviour are revealed in an agreed statement of facts filed with the Ottawa courthouse after she pleaded guilty last week to obstruction of justice relating to her handling of the reported sexual assault.

Her trial was transferred from Alexandria to Ottawa at the request of her defence lawyer.

Unbeknownst to MacDonald, 46, the OPP were secretly monitoring her phone calls and text messages in 2014 under a court order.

In an email to the Citizen on Thursday, an OPP spokeswoman declined to provide a reason for what had prompted the police force to monitor one of its own in the first place.

“This question pertains to a matter of evidence and I won’t be speaking to that,” said Acting Sgt. Angie Atkinson.

She also said she could not comment about whether MacDonald was the subject of an investigation prior to March 2014.

The document filed with the court contains excerpts of the incriminating calls and messages, but it does not explain why her private communications were being intercepted or for how long.

Her Ottawa-based lawyer, Michael Edelson, declined to comment on the case.

Her trial had been scheduled for Jan. 16 to Feb. 17 and Feb. 27 to March 3. But on the first day of the trial, MacDonald entered a plea of guilt to one count of obstruction.

The probe into the officer also resulted in seven other charges being laid on July 23, 2014, including breach of trust by a public officer, theft of telecommunication, fraud, voyeurism, and distribution of voyeurism material stemming from unrelated incidents. Although she has not entered a plea on any of these other charges, she has admitted certain facts of the case in the agreed statement of facts filed in court.

The document reveals the constable suggested the mother not file a police report and that she made sure the reported sexual assault stayed a secret.

MacDonald agreed with the mother that reporting the sexual assault would tear the family apart and “destroy a business.”

“CAS (Children’s Aid Society) is going to be in our face,” MacDonald told the mother during one of their phone calls, adding that if charges are laid, “(the boyfriend) won’t be able to be around your kids, like any of them.”

MacDonald told her not to tell anyone about their discussion despite acknowledging in a text message that she had a duty as a police officer to investigate when she said, “I’m sort of obligated to bring that kind of s–t forward.”

In a phone call that was secretly recorded by the police, MacDonald told one of her friends that the boyfriend fondled the teen’s breasts and removed her pyjamas.

She told that same friend that she was “taking this to the f—–g grave” and “I’m not saying a f—–g word,” before telling the friend to delete their text messages about the incident. She recommended the teenaged girl and her accused abuser see a counsellor.

MacDonald also shared details of the mother’s allegations with her boyfriend, Const. John Bernard, who works in the same OPP detachment, according to the agreed statement of facts.

In one wiretapped conversation, the pair agreed they would have filed a police report if it had been their own child who had been sexually assaulted.

Bernard, 43, said in an interview with the OPP after his arrest that MacDonald told him that the boyfriend had put his hands in the 14-year-old’s underwear.

“In her conversations with Bernard about the incident and her failure to report they discussed how they would make efforts to protect her from her failure to report,” according to the court document.

Bernard was later charged in July 2014 with two counts of breach of trust by a public officer. He did not enter a plea on either of the charges last week and is scheduled to return to court on March 3.

Both officers remain suspended with pay, according to the OPP.

When confronted later by another OPP officer tasked with investigating the sexual assault, MacDonald lied about what she knew of the complaint.

Through the investigation, the 14-year-old girl gave investigators a different story about what had happened than what she told MacDonald. In the end, no charges were laid in the teen’s case.

Another admitted fact in the court records reveal that while MacDonald was on duty on April 9, 2014, she photographed a surveillance screen in the police station showing a partially clothed woman detained in the cell block.

Police intercepted messages she sent from her BlackBerry to Bernard that included the photo of the woman who was not wearing pants. In the photo, the woman had been sitting on a bench with her knees up to her chest and arms around her legs with her head down, exposing her upper left thigh and left buttock.

MacDonald also sent “inappropriate comments” in another text message to her sister about the female inmate, according to the agreed statement of facts. She was subsequently charged with the two voyeurism charges.

MacDonald also breached an order from her supervisor, an inspector, by contacting an unidentified individual believed to be “deceitful and treacherous in dealing with the police” by exchanging more than 600 phone calls and text messages with the person between 2011 and 2014, according to the agreed statement of facts.

In her email to the Citizen, Atkinson said the OPP will open an internal professional standards section investigation into MacDonald and Bernard after their criminal matters are resolved.

She is scheduled to return to the Ottawa courthouse on March 3 for a sentencing hearing.

http://ottawacitizen.com/news/local-new ... bstruction
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OPP officer who obstructed justice is sentenced to house arr

Postby Thomas » Sat Mar 04, 2017 3:23 pm

OPP officer who obstructed justice resigns, sentenced to house arrest

An OPP officer who pleaded guilty to obstructing justice by discouraging a mother from reporting an alleged sexual assault on a child will spend the next 10 months on house arrest.

Luanne MacDonald also sent pictures of a partially-clothed, intoxicated female prisoner to her police officer boyfriend Const. John Bernard. Separate criminal charges against Bernard were withdrawn following MacDonald’s sentencing.

The house arrest was part of a 15-month conditional sentence handed down to MacDonald in an Ottawa courtroom Friday.

Court heard MacDonald had resigned from the OPP before being sentenced.

Following the 10 months of house arrest, the 46-year-old MacDonald will spent five months under a nightly curfew.

The OPP had been secretly monitoring MacDonald’s phone calls and text messages in March 2014 when they intercepted a call from a mother who reported her drunken boyfriend had sexually assaulted her 14-year-old daughter.

MacDonald knew she had a duty to investigate, but encouraged the mother to keep the alleged sexual assault a secret and not file a police report.

When confronted later by another OPP officer tasked with investigating the sexual assault, MacDonald lied about what she knew of the complaint. Police investigated the sexual assault, but the 14-year-old provided a different story about the incident than what was told to MacDonald and no charges were laid.

It wasn’t clear why the OPP were monitoring the MacDonald’s communications, although MacDonald admitted she also breached an order from her supervisor, an inspector, by exchanging more than 600 phone calls and text messages between 2011 and 2014 with an unidentified individual believed to be “deceitful and treacherous in dealing with the police.”

MacDonald had been working in the Alexandria office of the Stormont, Dundas and Glengarry OPP detachment.

Ontario Court Justice Jonathan Brunet said he was “quite distressed” by the facts in the case.

He accepted the joint position for a conditional jail sentence that had been negotiated by the Crown and defence lawyer Michael Edelson.

“A conditional jail sentence is a form of custody, (but) you have the benefit of spending that period of custody in the community,” said Brunet.

Following her sentencing, separate criminal charges of breach of trust against Bernard were withdrawn. Bernard, 43, remains suspended with pay with the OPP but faces Police Services Act disciplinary charges.

MacDonald told Bernard about the sexual assault complaint, and the two discussed how they would make efforts to protect her from her failure to report it, court heard.

MacDonald had also sent pictures of a partially-clothed female prisoner to Bernard. MacDonald had taken a photo of a surveillance video screen of the woman, who wasn’t wearing any pants. She also sent “inappropriate remarks” about the inmate to her sister in a separate text message.

Prosecutor Dallas Mack said the Crown believed there was still a reasonable prospect of conviction against Bernard, but the charges against him were being withdrawn because of his “secondary” involvement in the case.

“His connection to the (alleged) offences arose directly because of (her) actions,” said Mack.

The withdrawing of the charges also took into account MacDonald’s guilty plea and the fact Bernard still faces outstanding Police Services Act allegations, Mack said.

MacDonald initially faced seven additional charges including breach of trust, theft of telecommunication, fraud, voyeurism, and distribution of voyeurism material, but those charges were withdrawn following the sentencing.

Conditions of MacDonald’s sentence include that she not have contact with 53 people, including former police colleagues, witnesses and other civilians involved in the case.

http://www.ottawasun.com/2017/03/03/opp ... use-arrest

https://www.pressreader.com/canada/otta ... 5046007350
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OPP officer, who shared nudie pic of prisoner, resigns

Postby Thomas » Sun Mar 05, 2017 5:30 am

OPP officer, who shared nudie pic of prisoner, discouraged reporting of alleged child sex assault, resigns

OTTAWA - An OPP officer who pleaded guilty to obstructing justice by discouraging a mother from reporting an alleged sexual assault on a child will spend the next 10 months on house arrest.

Luanne MacDonald also sent pictures of a partially-clothed, intoxicated female prisoner to her police officer boyfriend Const. John Bernard. Separate criminal charges against Bernard were withdrawn following MacDonald’s sentencing.

The house arrest was part of a 15-month conditional sentence handed down to MacDonald in an Ottawa courtroom Friday.

Court heard MacDonald had resigned from the OPP before being sentenced.

Following the 10 months of house arrest, the 46-year-old MacDonald will spent five months under a nightly curfew.

The OPP had been secretly monitoring MacDonald’s phone calls and text messages in March 2014 when they intercepted a call from a mother who reported her drunken boyfriend had sexually assaulted her 14-year-old daughter.

MacDonald knew she had a duty to investigate, but encouraged the mother to keep the alleged sexual assault a secret and not file a police report.

When confronted later by another OPP officer tasked with investigating the sexual assault, MacDonald lied about what she knew of the complaint. Police investigated the sexual assault, but the 14-year-old provided a different story about the incident than what was told to MacDonald and no charges were laid.

It wasn’t clear why the OPP were monitoring the MacDonald’s communications, although MacDonald admitted she also breached an order from her supervisor, an inspector, by exchanging more than 600 phone calls and text messages between 2011 and 2014 with an unidentified individual believed to be “deceitful and treacherous in dealing with the police.”

MacDonald had been working in the Alexandria office of the Stormont, Dundas and Glengarry OPP detachment.

Ontario Court Justice Jonathan Brunet said he was “quite distressed” by the facts in the case.

He accepted the joint position for a conditional jail sentence that had been negotiated by the Crown and defence lawyer Michael Edelson.

“A conditional jail sentence is a form of custody, (but) you have the benefit of spending that period of custody in the community,” said Brunet.

Following her sentencing, separate criminal charges of breach of trust against Bernard were withdrawn. Bernard, 43, remains suspended with pay with the OPP but faces Police Services Act disciplinary charges.

MacDonald told Bernard about the sexual assault complaint, and the two discussed how they would make efforts to protect her from her failure to report it, court heard.

MacDonald had also sent pictures of a partially-clothed female prisoner to Bernard. MacDonald had taken a photo of a surveillance video screen of the woman, who wasn’t wearing any pants. She also sent “inappropriate remarks” about the inmate to her sister in a separate text message.

Prosecutor Dallas Mack said the Crown believed there was still a reasonable prospect of conviction against Bernard, but the charges against him were being withdrawn because of his “secondary” involvement in the case.

“His connection to the (alleged) offences arose directly because of (her) actions,” said Mack.

The withdrawing of the charges also took into account MacDonald’s guilty plea and the fact Bernard still faces outstanding Police Services Act allegations, Mack said.

MacDonald initially faced seven additional charges including breach of trust, theft of telecommunication, fraud, voyeurism, and distribution of voyeurism material, but those charges were withdrawn following the sentencing.

Conditions of MacDonald’s sentence include that she not have contact with 53 people, including former police colleagues, witnesses and other civilians involved in the case.

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