WINNIPEG (CBC) - A former East St. Paul police officer was ejected Tuesday from an inquiry examining his force's investigation of a fatal car crash involving an off-duty Winnipeg police officer.

Ken Graham wrapped up his testimony at the Taman inquiry on Monday, but he was back to view the proceedings from the audience on Tuesday, when Const. Brian Maloney, an officer with the East St. Paul force, is expected to testify.

Maloney was away at the time of the accident, but his testimony is expected to criticize the force's handling of the investigation.

Commission counsel David Paciocco told the inquiry that Maloney was approached by Graham Tuesday morning.

The exchange was described in a statement from Maloney that Paciocco read to the court. The statement said Graham told Maloney: "You guys are nothing but a bunch of f---ing traitors." Maloney described Graham as being "slightly agitated" at the time.

Paciocco said the exchange "suggests intimidation of a witness," and so Graham should be removed from the court.

From the audience, Graham, who has since left the force, denied he said that to Maloney. He admitted that he'd had a conversation with Maloney, but argued that he had said, "Maloney, I don't talk to liars."

Inquiry commissioner Roger Salhany and the lawyers involved in the proceedings agreed Graham should leave the room while the inquiry continues. He left without incident.

Do nothing, chief ordered: witness

On Monday, another East St. Paul police officer told a public inquiry that Derek Harvey-Zenk - an off-duty police officer who killed a woman in a car crash - was given special treatment at the accident scene.

Const. Jason Woychuk was the first officer to arrive at the scene of the fatal accident early in the morning of Feb. 25, 2005.

Derek Harvey-Zenk, also known as Derek Harveymordenzenk, rear-ended a car driven by Crystal Ann Taman, 40, while the mother of three was stopped at a traffic light at the Perimeter Highway and Highway 59.

Harvey-Zenk had spent the night partying with as many as 20 fellow officers, the inquiry has heard.

Woychuk testified Monday that he was told by Harry Bakema, then chief of the East St. Paul police force, to keep Harvey-Zenk in the back of his police vehicle, and to wait, doing nothing.

Bakema told him Harvey-Zenk could be impaired, and that he was a Winnipeg police officer, Woychuk said.

Paciocco asked Woychuk to explain why Bakema or any police officer would not want to deal with Harvey-Zenk at the scene.

"I believe because Harvey-Zenk, the accused, was a police officer himself," Woychuk said. "It shouldn't be a concern, but I felt that was a concern at the time," he added after further prodding.

Did not follow procedure

Woychuk admitted he didn't follow basic procedures with Harvey-Zenk, such as giving a breathalyzer at the scene, on the orders of Bakema, he said. He did not perform any sobriety tests, didn't try to smell Harvey-Zenk's breath, and didn't recall trying to determine if he was having any problems performing basic tasks.

Woychuk said he smelled alcohol on Harvey-Zenk, but didn't put the observation in his notes.

He said he didn't remember details of the investigation, and was grilled about his poor note-taking.

Woychuk also said he knew Harvey-Zenk's parents before the accident. Both men are from Brandon, Man.

Last week, the inquiry heard from several witnesses, including a paramedic and another East St. Paul police constable, who testified they smelled alcohol on Harvey-Zenk's breath after the crash.

In addition, a Winnipeg police officer who is Taman's cousin told the inquiry that Bakema admitted to him just hours after the crash that the officer involved had been drunk.

Both Bakema and Harvey-Zenk are expected testify at the inquiry in the coming weeks.

Harvey-Zenk was initially charged with refusing a breathalyzer test, impaired driving causing death and criminal negligence causing death, but those charges were dropped without explanation when he pleaded guilty to dangerous driving causing death.

He received a conditional sentence of two years house arrest and has since turned in his badge.

The inquiry, led by former Ontario Superior Court justice Roger Salhany, first examined the treatment of the Taman family by the court system and victims' services. That portion of the inquiry wrapped up in June.

The inquiry is now looking at the conduct of police involved in the investigation into the crash that killed Taman. It will also examine the conduct of Harvey-Zenk and other Winnipeg police officers before the crash, and how lawyers arrived at the plea agreement that spared him time behind bars.

Salhany is scheduled to deliver a final report to the province's attorney general by Sept. 30.

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