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Tom Engel
Photo:
Shaughn Butts, The Journal
Legal critic targeted
by police, hearing told
Defence lawyer Tom Engel subject of 20 police complaints to Alberta
Law Society
Charles Rusnell, The
Edmonton Journal, April 23, 2005
EDMONTON - The Edmonton Police
Service has filed 20 law-society complaints in less than four
years against high-profile criminal defence lawyer and outspoken
police critic Tom Engel.
The complaints are part of
a broader push by police to harass Engel, the media and even
the police commission to stifle criticism, Engel's own lawyer
told a panel Friday at the Alberta Law Society.
Hersh Wolch termed the complaints
against Engel frivolous, saying the law society has summarily
dismissed 18 of them.
The latest two complaints are
over Engel's failure to attend a hearing of the Alberta Law Enforcement
Review Board after the hearing's time was changed.
"The tactics of the EPS
are at least questionable and perhaps, more importantly, conspiratorial
... ," Wolch said in a written submission to a panel of
the law society. "It is respectfully submitted that the
chain of events outlined demonstrates misconduct on the part
of the EPS, and the law society should not be a party to their
misbehaviour.
"These complaints amount
to an abuse of process and the proceedings should be discontinued."
The panel dismissed Wolch's
application to discontinue proceedings against Engel on the two
citations, which means the case will proceed to a hearing. Without
giving reasons, the panel rejected Wolch's contention that the
citations are so weak the law society has no reasonable prospect
of gaining a conviction.
It has yet to set a date for
the hearing.
The two citations stem from
complaints by Kim Armstrong, the head of the police service's
legal department, and Sgt. Greg Preston, a police officer and
lawyer in the same department.
Reached Friday, Armstrong said
there was no conspiracy.
"I don't know of, nor
have I been a participant in, any conspiracy to silence anyone,"
she said, adding that, "if there was such a conspiracy,
then I look forward to seeing the evidence of that."
Armstrong said she made the
complaint out of her duty as a lawyer who had observed "conduct
of another lawyer first hand that caused me concern as a professional."
Wolch provided the panel with
newspaper articles in which, he said, the police make it plain
they don't like Engel because he criticizes them publicly and
he vigorously pursues complaints against officers, on behalf
of clients.
"The media articles illustrate
the methods used by the EPS to stifle and muzzle those who they
do not like, be they reporters, lawyers or police commission
officials," Wolch said in his written submission. "This
latest law society complaint is a perfect illustration of the
abusive police practices described."
The first citation Engel faces
is that he failed to respond to the LERB; the second is that
he failed to be candid with the law society. A third citation
was dismissed after law society counsel Janet Dixon told the
panel she doubts there was a reasonable chance of a conviction.
They stem from Engel's failure
to appear before a 2003 LERB hearing. Wolch told the panel the
board changed the time of the hearing but one of Engel's staff
neglected to update his diary. Wolch said if an administrative
mistake is grounds for a law society complaint, there will be
a flood of such complaints. He cited a recent case where a judge
missed a court date because he had the time wrong.
When Engel learned of the LERB
hearing, he rushed over to it and asserted he was prepared to
proceed, Wolch said. The second citation stems from his statement.
The complainant contends Engel could not have been prepared.
Wolch said Engel is the most
experienced lawyer in the province in handling LERB cases and
the case in question was simple and straightforward.
"There have been 20 complaints
... and these (two) are the best they can muster?" Wolch
said. He added that the LERB, the party affected by Engel's alleged
misconduct, did not complain.
"It is obvious and clear
that this is only being done to harass and embarrass (Engel),"
Wolch said. "There is no holding back the aggressiveness
of the Edmonton police force."
crusnell@thejournal.canwest.com
© The Edmonton Journal 2005
- 'Shooting the messenger'
Law society to hear police complaints against Tom Engel
By SHANE HOLLADAY, EDMONTON
SUN, April 23, 2005
The Law Society of Alberta
rejected a bid to have police complaints against Tom Engel dismissed
yesterday, setting the stage for a disciplinary hearing against
the local lawyer. The tribunal ruled against a motion to dismiss
two out of three complaints brought against Engel lodged by members
of the Edmonton city police.
"There is at least a reasonable
prospect of conviction," said tribunal head Jim Peacock.
Nor was there new information
suggesting the law society committee erred in recommending a
hearing be held. A hearing date has yet to be set.
Engel's lawyer Hersh Wolch
argued the complaints were trivial and part of a plan by members
of the Edmonton Police Service to harass his client.
Over the course of the last
several years, Engel has brought forward a series of high-profile
cases against the police involving assaults by officers or allegations
of corruption.
"They are shooting the
messenger," Wolch told the tribunal. As many as 20 other
complaints from members of the force have already been dismissed
by the law society, he said.
"It's become obviously
clear it's only being done to harass and embarrass (Engel). You
are being used for that purpose."
Three complaints were before
the tribunal. Both Wolch and Law Society counsel Janet Dixon
argued one should be dismissed, and it was.
The two remaining complaints,
filed by Kim Armstrong, manager of police legal services, and
police lawyer Sgt. Greg Preston, will proceed.
"The committee is not
saying they have merit, but if believed, that the spin that they
want to put on it is correct, it should go ahead," Wolch
said afterward.
"So that's two out of
20. Our position is that the law society is being abused."
Armstrong told the Sun Wolch's
comments are offensive.
"I did what I deemed to
be my ethical duty, which is to advise the law society, my profession
regulatory body, of concerns," she said.
"I take great exception
to the suggestion that I would ever make a frivolous or vexatious
complaint against anyone."
Armstrong said she's "distinctly
not" aware of any organized effort to silence critics of
the police.
Filing a frivolous complaint
would violate his code of ethics, said Preston.
"A complaint is made.
It's felt that the conduct is contrary to the code. I have never
ever filed a complaint, and I've only had the two that I've written
in on personally," he said.
"There's no agenda here
in trying to silence anybody."
Society weighs cop complaints
By SHANE HOLLADAY, EDMONTON
SUN
The Criminal Trial Lawyers
Association is carefully monitoring a motion before the Law Society
of Alberta today to dismiss police complaints against local lawyer
Tom Engel. They are just a few among many complaints already
dismissed by the society, according to Engel's lawyer.
Rod Gregory, president of the
CTLA, said he'll be there out of concern for other defence lawyers
in Edmonton.
"I'm there to monitor
whether or not, depending on how the application goes, whether
there's anything to the argument that the complaints are being
used to silence critics," Gregory said.
"If it's an abuse, and
the law society deems it an abusive complaint, then is the complaint
process being used to silence a critic?"
Over the course of the last
several years, Engel has brought forward a series of high-profile
cases against the police involving assaults by officers or allegations
of corruption.
Ten similar complaints, all
of which Engel's lawyer Hersh Wolch described as frivolous, have
already been dismissed by the law society. Two more remain outstanding.
Today, Wolch will be at the
hearing looking to have three complaints tossed out on those
grounds.
Wolch said yesterday one complaint
involves a misunderstanding about the date of a hearing.
"Some of the other ones
were where people have made complaints of brutality against the
police, and somehow Tom brought them against the police and didn't
succeed," Wolch said. "They're all police- related,
put it that way.
"The most charitable interpretation
is that they are of a minor nature. When you look at the overall
picture, it's just plain harassment."
Engel said he wouldn't be commenting
until every complaint against him has been sorted out.
"I'd like to tell you,
but the law society puts restraints on what lawyers can say when
they are going before the board," Engel said Wednesday.
"I can say all the complaints
were made by the Edmonton Police Service."
Edmonton Police Service spokesman
Andy Weiler confirmed two of the complaints were processed by
the force's legal services department.
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Truth can never be
told so as to be understood, and not be believ'd. William Blake, The Proverbs of Hell
