WINNIPEG (CBC) - New details emerged Wednesday at the Taman Inquiry suggesting Derek Harvey-Zenk had at least "a sip" of beer before he was involved in a fatal crash in February 2005.

Const. Ted Michalik testified Wednesday at the inquiry, which is examining the investigation that led to a conditional sentence for Harvey-Zenk, an off-duty police officer who, after an all-night party with colleagues, rear-ended a car driven by Crystal Taman, killing the 40-year-old mother of three.

Michalik was one of about two dozen off-duty officers who went to a Branigan's restaurant in Winnipeg's north end the night before the fatal collision.

Other officers who have testified at the inquiry all said they did not know how much, if anything, Harvey-Zenk had had to drink that night.

But Michalik told commission lawyer Vincent Clifford he saw Harvey-Zenk at the restaurant with what appeared to be a glass of beer in front of him.

"I had a beer glass, he had a glass, the substances looked like they were the same," he said.

"You could spot a glass of beer, I take it, six feet away from you?" Clifford asked.

"I would think so, unless someone is drinking apple juice," Michalik said. "I believed it to be a beer," he said.

"Did you see him consuming that beer?" Clifford inquired.

"I seen him take a sip," said Michalik.

Earlier Wednesday, Sgt. Chris Humniski testified that he noticed Harvey-Zenk twice later that night as about 10 officers continued the party at another officer's home.

On one of those occasions, he said, Harvey-Zenk had "a glass in his hand."

Humniski, who was Harvey-Zenk's shift supervisor at the time of the crash, said he didn't know what was in the constable's glass, but he and others had been drinking rye.

He said he didn't actually see Harvey-Zenk drinking.

"You're saying you didn't have any recollection of seeing him drink? Is that a fair way to put it?" asked commission counsel David Paciocco.

"Yes," Humniski said after a pause.

The owner of the home, Sgt. Sean Black, told the inquiry he put out a 750-millilitre bottle of whisky and some Bailey's liqueur, and that the next morning when he was cleaning up, the whisky bottle was empty and some of the Bailey's was gone.

Humniski described Harvey-Zenk as "conscientious" and "responsible," saying he was "one of the quieter members" and "a steady worker."

"I have never had any problems with him, and he was good for our shift," he said.

Humniski said he left the party before Harvey-Zenk did.

Immediately after learning about the fatal collision and the charges against Harvey-Zenk, Humniski and another officer- Sgt. Jim Anderson, who testified Tuesday - were concerned about the way Winnipeg Police were being portrayed in the media.

It prompted them to go to their superiors and to the Winnipeg police force's professional standards unit (PSU) to give statements about the evening's events.

Like Anderson, Humniski told the PSU the gathering was quiet. He insisted to commission lawyers on Wednesday that he was not trying to downplay the event in order to protect his officers.

Humniski told the inquiry he was not happy with the way the incident then and now has been portrayed by the media.

"For me, it's very disheartening for the service to have that kind of reputation brought forward to the media like that, the way the media's been treating this," he said. "I've spent a long time on the service and it angers me at many points in time."

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.

Former Ontario judge Roger Salhany is heading the inquiry and is expected to issue his final report by the end of September.

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