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'I don't recall': former police chief at Taman Inquiry

Tue Jul 15, 7:30 AM

WINNIPEG (CBC) - The former chief of the East St. Paul police force repeatedly told the Taman Inquiry on Monday that he did not remember the details of the early investigation into a fatal crash north of Winnipeg.

Harry Bakema headed the small-town police force on Feb. 25, 2005, the morning Crystal Taman, 40, was killed when her car was rear-ended by off-duty police officer Derek Harvey-Zenk.

Bakema is facing allegations by previous witnesses at the inquiry that he told at least one officer to change his notes to remove references suggesting Harvey-Zenk was drunk.

Commission lawyer David Paciocco grilled Bakema about inconsistencies in his notes and his recollections of the morning of the crash.

The former chief testified Monday that he knew Harvey-Zenk, since both served as police officers in Winnipeg at the same time, but said he didn't know him well.

"I didn't really know Derek. I worked in the North End. He worked in the North End," Bakema said.

Despite at least two witnesses on the scene who said they saw Bakema talking directly to Harvey-Zenk, he denied ever having a substantial conversation.

"I know I didn't have a conversation with him," he said.

Bakema testified that one of the few things Harvey-Zenk said to him was what he did for a living.

"He made a comment to me as I was walking him back, where he said he was a cop.

Paciocco asked Bakema basic questions about who was in charge of the scene of the accident and how the investigation proceeded.

"Who was in charge of this accident investigation on site?" he asked.

"I guess myself," Bakema replied.

Paciocco asked if Bakema had a plan to deal with the chaotic scene, if he assigned his officers to go to the vehicles at the site, to interview witnesses, to direct traffic.

Bakema said he did not; he didn't even know where his officers were at times, he said.

Did not smell alcohol

Former East St. Paul constable Ken Graham previously testified that Bakema called the second-in-command on the force, then-sergeant Norm Carter, who was Bakema's successor, to avoid any appearance of conflict in dealing with Harvey-Zenk.

Paciocco asked Bakema if that was true.

"I don't recall having the conversation with him," Bakema said. "You're saying could I have had that conversation? .... I could have."

The most consistent part of Bakema's testimony on Monday was his difficulty in remembering details of the morning of the crash, such as the exact location of vehicles, what he wrote down for times in his notes, and specific conversations he had at the crash scene.

Bakema answered, "I don't recall," in response to questions to those matters; he said the phrase at least 20 times in his two hours of testimony Monday afternoon.

He did recall that he did not smell alcohol on Harvey-Zenk, even though they were right next to one another.

The inquiry has previously heard that Harvey-Zenk had been drinking with colleagues before the crash. Other witnesses at the inquiry, including a paramedic and other officers, have said they did smell alcohol on him at the crash site.

Lack of recall no surprise to Taman family

Crystal Taman's widower, Robert, watches the testimony every day, and zeroed in on Bakema's poor memory.

"It just shows the operation of East St. Paul police, and how they did things," he said. "I think that as time goes on here, we'll see he doesn't recollect a lot more. But we'll wait and see."

Harvey-Zenk, also known as Derek Harveymordenzenk, 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 police 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 Manitoba's attorney general by Sept. 30.

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