Military Police Complaints Commission

CHAIRPERSON’S FINAL REPORT

Files: MPCC 2001-003 - MPCC 2000-055

Ottawa, December 12, 2002

Louise Cobetto

Chairperson

Table of Contents

• Acronyms

• Chronology of Events

• Executive Summary
  1. Background
  2. The Complaints
  3. Issues
  4. Chairperson's Findings
  5. Chairperson's Recommendations

1. Summary of the Incident

2. The Complaints
   Lieutenant-Colonel Tony Battista
   1. Conduct of Canadian Forces National Investigation Service Investigation (NSI 370-0002-00)
   2. Conduct of Canadian Forces National Investigation Service Investigations (NSI 370-0006-00 and NSI 370-0009-00)
   3. Repercussions From Incomplete, Inaccurate and Biased Canadian Forces National Investigation Service Investigation Report (NSI 370-0002-00)
   Major Gordon Wight
   1. Conduct of Canadian Forces National Investigation Service Investigation (NSI 370-0002-00)
   2. Conduct of Canadian Forces National Investigation Service Investigation (NSI 370-0006-00)

3. Military Police Complaints Commission
   1. Scope of the Investigation
   2. Methodology
      1. Designated Members
      2. Persons Interviewed and Documents Examined by the Commission
      3. Assisting the Commission
      4. Legal Framework of the Investigation

4. Facts
5. Chairperson's Findings Subsequent to the Investigation
   Findings Relating to Specific Issues
   1. Erroneous and Incomplete Information in the Investigation Report and Brief for the Regional Military Prosecutor (NSI 370-0002-00)
   2. The Failure of the Canadian Forces National Investigation Service to Conduct a Follow-up Meeting with Lieutenant-Colonel Battista (NSI 370-0002-00)
   3. Extraneous Comments in Canadian Forces National Investigation Service Reports (NSI 370-0002-00)
   4. Provost Marshal Competition - Possible Improper Motives?
   5. The Coincidence of Dates on Which Complaints Were Made (All Investigation Reports)
   6. The Decision by Chief Warrant Officer Galway to Report his Concerns to the Deputy Provost Marshal, National Investigation Service (NSI 370-0002-00)
   7. Authority and Process for the Suspension of Credentials (NSI 370-0002-00)
   8. "Zero Tolerance" Charging Practices
   9. Solicitor-Client Privilege
   10. The Appropriateness of the Military Police Investigating its Own Members
   11. The Second Investigation of Major Wight (NSI 370-0006-00)
   12. Involvement of the Chain of Command
   13. Duty to Assist Witnesses

6. Chairperson's Recommendations Subsequent to the Investigation

7. Chairperson's Concluding Statement Subsequent to the Investigation

8. Review of Chairperson's Investigation Report

9. Canadian Forces Provost Marshal's Notice of Action and Accompanying Letter From the Chief of the Defence Staff

10. Chairperson's Findings and Recommendations Having Considered the Notice of Action from the Provost Marshal and the Letter from the Chief of the Defence Staff

11. Chairperson's Conclusion

12. Summary of the Chairperson's Findings

13. Summary of the Chairperson's Recommendations

ANNEXES

• Annex A: Letter from the Chairperson to the Chief of the Defence Staff dated June 19, 2002

• Annex B: Response letter from the Chief of the Defence Staff to the Chairperson dated July 25, 2002

• Annex C: Letter from the Chief of the Defence Staff to the Chairperson dated October 8, 2002

• Annex D: Notice of Action from the Canadian Forces Provost Marshal dated October 8, 2002

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