WAGMATCOOK, N.S. - The lawyer for the Wagmatcook First Nation says a Halifax police report that cleared an RCMP officer of any criminal wrongdoing in a fatal shooting failed to make logical conclusions based on the facts it uncovered.
Gary Richard, the Truro-based lawyer who represents the band in the community, submitted a 10-page legal analysis of the report Thursday to the Wagmatcook council on the Dec. 2, 2008, shooting death of John Simon.
He highlighted the police report's finding that Const. Jeremy Frenette was told to "stay put," and wait for an emergency response team to arrive from Halifax.
Frenette instead entered Simon's house and ended up shooting the allegedly suicidal and intoxicated man three times, though the Halifax police concluded he did so in self-defence.
Richard says he can't understand why the Halifax police report doesn't emphasize Frenette's failure to follow the original plan.
"What the report ignores is there was a proper coherent operational plan in place that evening which, if followed, would have likely resulted in a resolution of the circumstances that didn't involve shooting an emotionally distraught man three times and killing him," Richard said in his report.
Richard said he was confused by a conclusion in the report that says Frenette was not given "concise directions and/or a plan ... to successfully resolve a critical incident."
"This is a frankly baffling statement," Richard said. "Staff Sgt. (Archie) Thompson gave notably concise directions and a plan at the outset of the incident. 'Sit tight, ERT was on the way."'
Richard said it's questionable that Frenette was within his rights to climb through the window of Simon's house and confront the 44-year-old man.
The Halifax police declined comment.
The RCMP complaints commission has launched an investigation into the shooting and the national force's handling of the incident.
The RCMP said it didn't start an internal disciplinary review within one year -- as it's required to by law -- because it was waiting for the Halifax investigation to finish.
The band council has called for a public inquiry.
