Tim Petruk, Kamloops, B.C. (Kamloops This Week) - There is still more evidence to be disclosed before the files of three Kamloops Mounties and one municipally employed jail guard can proceed through the court system, a justice of the peace heard on Monday, July 18.
Cpl. Rick Brown, constables Stephen Zaharia and Evan Elgee and city employee David Tompkins are each charged with breach of trust by a public officer.
Their files appeared in a courtroom at the Kamloops Law Courts on Monday morning, but none of the accused were present.
Instead, a lawyer appeared on their behalf as the matters were put over until September.
The charges stem from an investigation into allegations police and civilian jail guards watched as two female inmates engaged in a sexual act while in the RCMP’s holding cells at the Battle Street detachment.
The incident is alleged to have taken place on Aug. 18, 2010. Four Kamloops Mounties and five city employees were originally implicated.
Initial reports also indicated one of the women was HIV positive — a claim that hasn’t been confirmed by police.
One of the women believed to have been involved is now suing the RCMP, the City of Kamloops, the provincial and federal governments, seven city employees and the other woman.
In her statement of claim, the woman said she was too intoxicated to consent to the sex act.
The file is being prosecuted by the Surrey Crown counsel office, but local prosecutor Stephen Lawhead, who appeared in court on Monday, said Kamloops lawyers will appear for less significant hearings.
Lawhead asked that the matter be adjourned for two months to allow Crown to provide the accused with the rest of the disclosure and have lawyers look it over.
“That should give counsel some time to look at the disclosure and decide how this file is proceeding,” he said.
The officers alleged to have been involved were each suspended from duty after the incident was reported.
Brown, a 20-year RCMP veteran who was watch commander at the time, remains suspended with pay.
Zaharia and Elgee, meanwhile, have since been assigned to administrative duties.
Tompkins’ employment status isn’t known.
According to the Criminal Code of Canada, breach of trust by a public officer occurs when an official, “in connection with the duties of his office, commits fraud or a breach of trust.”
It is punishable by a maximum of five years in jail.
The four accused are slated to return to court on Sept. 22.
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