Taman Inquiry
Encyclopedia
The Taman Inquiry into the Investigation and Prosecution of Derek Harvey-Zenk is the Manitoba
provincial government
inquiry
into the death of Crystal Taman. Taman was killed in a car accident
with Derek Harvey-Zenk, an off-duty police officer
, who was allegedly drunk
. The inquiry heard testimony
between June 2 and August 14, 2008.
and Winnipeg
, a truck driven by 31-year-old Derek Harvey-Zenk, a Constable
with the Winnipeg Police Service
, rear-ended
and killed Crystal Taman, a 40-year-old mother of three, while she was stopped at a red light. The crash also injured a second woman, the wife of a Winnipeg police inspector
.
The accident was initially investigated by East St. Paul police, led by Police Chief Harry Bakema. It would later be revealed that Harvey-Zenk and Bakema had previously worked together at the Winnipeg Police Service.
Paramedics attending the scene reported that they smelled alcohol on Harvey-Zenk's breath.
with impaired driving
causing death, refusing a breathalyser test, dangerous operation
of a motor vehicle causing death, and criminal negligence
causing death. The provincial government appointed a private Winnipeg lawyer
, Marty Minuk
, special prosecutor
for the case to avoid any potential conflicts of interest
between the police and regular crown attorney
s.
In July 2007, however, Harvey-Zenk was pled down
to dangerous driving
causing death (a lesser charge) and the other charges were dropped. Despite reservations from provincial Chief Justice
Ray Wyant
, he was given a conditional sentence
of "two years less a day", to be served at his home
. He also resigned as a police officer.
Public outcry over the plea and allegations that the investigation had been botched led to a provincial inquiry, which began in June 2008.
Testimony revealed that Harvey-Zenk had spent the evening with other officers at a local restaurant and the home of another officer. Despite reports from the accident scene that Harvey-Zenk smelled of liquor, officers with him that evening denied having seen him drinking. Furthermore, a waitress who served the officers liquor throughout the evening testified that she was pressured to not "remember too much" by the restaurant's manager, who was "friends" with the officers. In response to the allegations other officers covered for Harvey-Zenk, Police Chief Keith McCaskill
volunteered to testify, instructing his officers to "be truthful". (McCaskill was not chief at the time of the accident.)
Officers involved in the investigation denied that they gave preferential treatment to Harvey-Zenk. Likewise, the prosecution has denied there were any favours given to the defence.
The inquiry's final report has not yet been released.
Manitoba
Manitoba is a Canadian prairie province with an area of . The province has over 110,000 lakes and has a largely continental climate because of its flat topography. Agriculture, mostly concentrated in the fertile southern and western parts of the province, is vital to the province's economy; other...
provincial government
Provinces and territories of Canada
The provinces and territories of Canada combine to make up the world's second-largest country by area. There are ten provinces and three territories...
inquiry
Public inquiry
A Tribunal of Inquiry is an official review of events or actions ordered by a government body in Common Law countries such as the United Kingdom, Ireland or Canada. Such a public inquiry differs from a Royal Commission in that a public inquiry accepts evidence and conducts its hearings in a more...
into the death of Crystal Taman. Taman was killed in a car accident
Car accident
A traffic collision, also known as a traffic accident, motor vehicle collision, motor vehicle accident, car accident, automobile accident, Road Traffic Collision or car crash, occurs when a vehicle collides with another vehicle, pedestrian, animal, road debris, or other stationary obstruction,...
with Derek Harvey-Zenk, an off-duty police officer
Police officer
A police officer is a warranted employee of a police force...
, who was allegedly drunk
Driving under the influence
Driving under the influence is the act of driving a motor vehicle with blood levels of alcohol in excess of a legal limit...
. The inquiry heard testimony
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
between June 2 and August 14, 2008.
Incident
On February 25, 2005, near East St. PaulEast St. Paul, Manitoba
East St. Paul is a rural municipality in Manitoba, Canada. It is located north-east of and adjacent to the city of Winnipeg, and is part of the Winnipeg Metropolitan Area. The municipality encompasses and is bounded by the Red River to the west; the municipality of St. Clements to the north; the...
and Winnipeg
Winnipeg
Winnipeg is the capital and largest city of Manitoba, Canada, and is the primary municipality of the Winnipeg Capital Region, with more than half of Manitoba's population. It is located near the longitudinal centre of North America, at the confluence of the Red and Assiniboine Rivers .The name...
, a truck driven by 31-year-old Derek Harvey-Zenk, a Constable
Constable
A constable is a person holding a particular office, most commonly in law enforcement. The office of constable can vary significantly in different jurisdictions.-Etymology:...
with the Winnipeg Police Service
Winnipeg Police Service
The Winnipeg Police Service is the police force of the city of Winnipeg, Manitoba, Canada.-History:When Winnipeg became a city in 1873, an election was held to select the city's new Mayor and Aldermen. Those appointed decided to hire city officials, including a Chief Constable. On February 23,...
, rear-ended
Rear-end collision
A rear-end collision is a traffic accident wherein a vehicle crashes into the vehicle in front of it, usually caused by tailgating or panic stops...
and killed Crystal Taman, a 40-year-old mother of three, while she was stopped at a red light. The crash also injured a second woman, the wife of a Winnipeg police inspector
Inspector
Inspector is both a police rank and an administrative position, both used in a number of contexts. However, it is not an equivalent rank in each police force.- Australia :...
.
The accident was initially investigated by East St. Paul police, led by Police Chief Harry Bakema. It would later be revealed that Harvey-Zenk and Bakema had previously worked together at the Winnipeg Police Service.
Paramedics attending the scene reported that they smelled alcohol on Harvey-Zenk's breath.
Investigation and charges
A week later, Harvey-Zenk was chargedCriminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
with impaired driving
Driving under the influence
Driving under the influence is the act of driving a motor vehicle with blood levels of alcohol in excess of a legal limit...
causing death, refusing a breathalyser test, dangerous operation
Reckless driving
Reckless driving is a major moving traffic violation. As a legal term, it is used within the United States. This offence has been abolished in the United Kingdom and replaced...
of a motor vehicle causing death, and criminal negligence
Criminal negligence
In the criminal law, criminal negligence is one of the three general classes of mens rea element required to constitute a conventional as opposed to strict liability offense. It is defined as an act that is:-Concept:...
causing death. The provincial government appointed a private Winnipeg lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
, Marty Minuk
Martin S. Minuk
Martin Shayne "Marty" Minuk is a defence lawyer from Winnipeg, Manitoba, Canada. He received his law degree from the University of Manitoba in 1978. Since 2005, he has been a partner at the law firm Aikins, MacAulay, and Thorvaldson.-References:...
, special prosecutor
Special prosecutor
A special prosecutor generally is a lawyer from outside the government appointed by an attorney general or, in the United States, by Congress to investigate a government official for misconduct while in office. A reasoning for such an appointment is that the governmental branch or agency may have...
for the case to avoid any potential conflicts of interest
Conflict of interest
A conflict of interest occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in the other....
between the police and regular crown attorney
Crown attorney
Crown Attorneys or Crown Counsel are the prosecutors in the legal system of Canada.Crown Attorneys represent the Crown and act as prosecutor in proceedings under the Criminal Code of Canada...
s.
In July 2007, however, Harvey-Zenk was pled down
Plea bargain
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...
to dangerous driving
Reckless driving
Reckless driving is a major moving traffic violation. As a legal term, it is used within the United States. This offence has been abolished in the United Kingdom and replaced...
causing death (a lesser charge) and the other charges were dropped. Despite reservations from provincial Chief Justice
Provincial Court of Manitoba
The Provincial Court of Manitoba hears cases relating to criminal law and family law and other statutes.- Current Judges:- Former Judges:-External links:*...
Ray Wyant
Raymond E. Wyant
Raymond E. Wyant was Chief Judge of the Provincial Court of Manitoba, Canada. He was appointed as a judge in 1998 and made chief judge in 2002 and acted as such until 2009. Wyant received his law degree from the University of Manitoba. Before being appointed to the bench, he worked both as a...
, he was given a conditional sentence
Conditional sentence (Canada)
A conditional sentence is a non-custodial punishment for crime in Canada.-Description:Conditional refers to rules the offender must follow in order to remain out of prison, which are similar to when one is on parole. Conditional sentences should not apply in certain cases, such as the infamous case...
of "two years less a day", to be served at his home
House arrest
In justice and law, house arrest is a measure by which a person is confined by the authorities to his or her residence. Travel is usually restricted, if allowed at all...
. He also resigned as a police officer.
Public outcry over the plea and allegations that the investigation had been botched led to a provincial inquiry, which began in June 2008.
The inquiry
The inquiry heard almost two months of conflicting testimony, which suggested an inadequate investigation by police had forced Minuk, the special prosecutor, into the controversial plea bargain.Testimony revealed that Harvey-Zenk had spent the evening with other officers at a local restaurant and the home of another officer. Despite reports from the accident scene that Harvey-Zenk smelled of liquor, officers with him that evening denied having seen him drinking. Furthermore, a waitress who served the officers liquor throughout the evening testified that she was pressured to not "remember too much" by the restaurant's manager, who was "friends" with the officers. In response to the allegations other officers covered for Harvey-Zenk, Police Chief Keith McCaskill
Keith McCaskill
Keith McCaskill is police chief of the Winnipeg Police Service , located in Winnipeg, Manitoba, Canada. He took office on December 10, 2007...
volunteered to testify, instructing his officers to "be truthful". (McCaskill was not chief at the time of the accident.)
Officers involved in the investigation denied that they gave preferential treatment to Harvey-Zenk. Likewise, the prosecution has denied there were any favours given to the defence.
The inquiry's final report has not yet been released.