JUDGE MAY BAN POLICE

Starts With Limit on Number of Off-Duty Officers at Misconduct Hearing

A judge vowed yesterday to limit the number of off-duty Winnipeg
police officers who have flooded a misconduct hearing and literally
surrounded three men who claim they were assaulted by police.

Provincial court Judge Murray Howell has ordered that dozens of extra
chairs brought in for the officers be removed from court beginning
today and left open the possibility of completely banning police from
the courtroom.

"People will no longer be sitting two feet behind you, or six feet to
your left," Howell told the three complainants, who had expressed
concerns about being "intimidated" by the heavy police presence.

"We'll try that out first, and let me know if you are comfortable with
that."

An informal headcount yesterday had nearly 65 police officers packed
inside a room which normally only seats 20. Marc Fillion, Alex Chung
and Larry Stringer -- who are all acting as their own lawyers after
being refused Legal Aid -- have accused some officers of giving them
"dirty looks" and following them on breaks and to the washroom.

They brought forward a motion yesterday to move the Law Enforcement
Review Agency Hearing "in-camera", which would essentially ban all
members of the public.

Lorne Schinkel, president of the Winnipeg Police Association, said his
members are entitled to attend the hearing to support their accused
colleagues and hinted at a fight if dozens are turned away this
morning as expected.

"We will have to address that issue if and when it does occur," said
Schinkel, who has attended the hearing along with vice-president Ed
Humphries.

"Our members are there on their own time and entitled to attend this
very important hearing," he said.

Schinkel said suggestions by the complainants that the officers are
there for intimidation "doesn't even warrant a reply."

The LERA hearing ground to a halt yesterday as members of the media -
including the Free Press - challenged Howell's decision Monday to
prohibit publication of the names of the accused officers. While the
LERA hearing is expected to continue this morning, the publication-ban
issue will be heard tomorrow by a different judge, Queen's Bench
Justice Jeffrey Oliphant.

Fillion began his testimony Monday by describing how he and Stranger
had gone to the home of Chung's brother and were watching a hockey
game with Chung when police pulled up in the driveway and banged on
their door.

The self-employed T-shirt maker admitted to smoking a marijuana
cigarette and said they didn't let police in for several minutes while
he tried to find an air freshener to mask the odour.

Fillion admitted during cross-examination there was a marijuana grow
operation in the basement of the Point Douglas home, which had been
fortified because of previous break-in attempts.

Fillion said police were eventually let in by Chung and began
screaming about the whereabouts of a girl, the Hells Angels and drugs.

Fillion admitted under cross-examination he is good friends with a
member of the Hells Angels but has no personal involvement with the
outlaw motorcycle gang.

He said a T-shirt found by police at the scene which stated support
for the Hells Angels belonged to a former tenant and had been left
behind.

Fillion said he was handcuffed and repeatedly struck in the face with
the butt of an officer's handgun and flashlight, had his neck stepped
on for nearly 40 seconds, was repeatedly kicked in the stomach, ribs
and tailbone, and had an officer jump on his belly with both feet.

He also claims to have seen police assault Stranger and Chung in other
parts of the home. He and Stranger were eventually allowed to leave
without being arrested or charged. They immediately went to a
hospital, where a doctor noted injuries which included bruising around
the face and upper body.

They also had a friend photograph the injuries. The pictures were
tendered in court and show bruising and a black eye on Fillion.

Chung was detained at the scene because he was found to be breaching a
pre-existing bail order by being at his brother's residence.

Chung claims he was taken to the Public Safety Building, where an
officer stuck a gun in his mouth.

All three men filed complaints with LERA, the agency that investigates
complaints against on-duty police officers. LERA then referred the
matter to a judicial hearing, which is set to last two weeks.

Stringer has also filed a civil suit against police over the incident.
It remains before the courts.

Howell could decide the complaints aren't credible and dismiss the
case, or find officers liable and subject to disciplinary procedures
which could range from admonishment to outright dismissal from the
police service.