I never heard of this Cop but he could be one of the Cops who accuse me of having Sex with Kids!!!! This behind the scene Cop must be investigated!!! We could be dealing with a Racist Cop in this Case??? Any Cop that doesn't do a proper investigation should be fired!!!!
Excerpts from motion materials requesting disclosure:
Andrew Spencer’s written statement, which he admits giving to Cst. John Lally, of the Fredericton City Police, on 3rd July, 2014, which is repeatedly referred to, but the Crown is denying its existence. The evidence in the disclosure confirms this was a 3 page, handwritten statement, given approximately 20 minutes after the alleged events – for example, in the video statement Mr. Spencer stated as follows:
Q- You went straight to the Police station?
A- Ya
Q- Did you give a written statement?
A- Awe yes, gave one to the officer on duty then I wrote one at home and brought it to the police station the next day.
Spencer also confirmed, in his second written statement, as follows:
I was unaware of the exact time but from (???) this happened roughly 20 minutes before I gave my statement to Officer John Lally.
There is clearly a missing 3 page statement, written by Mr. Spencer on 3rd July, 2014, and missing police notes from 3rd July, that have not been provided. Only one hand written statement by Mr. Spencer has been provided, of 4th July. The defendant believes the three page statement is being suppressed and contains evidence that the allegations had no merit. The defendant also believes Mr. Spencer was intoxicated, and/or high at the time of the altercation and the making of his original statement 20 minutes after. The original complaint is relevant and necessary disclosure.
In his videotaped interview of 25th July, 2014, Mr. Spencer clearly stated to Det. Henderson that he provided the FPF with two written statements, which Det. Henderson also included in his reports, one example being at page 57 of Exhibit “A” as follows:
Q- You went straight to the Police station?
A- Ya
Q- Did you give a written statement?
A- Awe yes, gave one to the officer on duty then I wrote one at home and brought it to the police station the next day.
There is no doubt - Mr. Spencer confirmed he made two written statements.
Cst. Lally’s report, at page 38 of Ex. “A”, (page 4 of 6) is titled: “INITIAL OFFICERS REOPRT – 1,” and refers to Mr. Spencer’s complaint made to the FPF on the 3rd July, 2014. In this report Cst. Lally also confirms Spencer went straight to the police station, from the alleged incident, and states: Mr. Spencer has provided a “true version statement.” Since this report only refers to Mr. Spencer’s initial visit to the station on 3rd July, it can only be concluded that his “true version statement” was the written one he gave on that date, which has not been provided to the defence.
Mr. Spencer’s statement from 4th July, delivered to the FPF on that date, states:
“I was unaware of the exact time but from (???) this happened roughly 20 minutes before I gave my statement to Officer John Lally.”
It is repeatedly confirmed that Mr. Spencer went to the FPF station and gave a statement to Cst. John Lally. I require a copy of the first statement.
In his summary of Spencer's video interview, Cst. Henderson states:
“Q: You referred to walking towards the coffee shop and Mr. LeBlanc “cuffed me” on the right side of my jaw, please explain? Were you face to face?”
At no time in the interview did Spencer ever say I “cuffed him” or that is was “on the right side of my jaw.” The word “cuffed” was only used in his statements of 3rd and 4th July. The only time the word “jaw” was used was when Cst. John Lally gave a direct quote from Spencer, in his report of the initial complaint being made on 3rd July. This confirms – yet again - that there is a missing statement by Spencer, given on 3rd July.
Even if the statement of 3rd July, 2014, was verbally given (as the Crown claims), Cst. Lally would either have written the first statement for Spencer to sign, OR made notes from the meeting on 3rd July, from which he wrote his report at page ..... of Exhibit “A”. However, Cst. Lally’s report refers only to Spencer’s statement of 3rd July, and clearly states Mr. Spencer gave a “true version statement” on that date. There are no grounds for the Crown to continue denying the existence of the handwritten statement of 3rd July, 2014. I require that statement and I require all of Cst. Lally’s notes/statements/reports/any video of Mr. Spencer’s initial reporting of the incident on 3rd July, 2014.
The fax, dated 14th August, 2014, from FPF “Shawn for S/Sgt Matt Myers” to Cst. Henderson, very clearly states it only contained statements from Andrew Spencer, nothing else, and was 5 pages in total – the cover page, plus four pages of Mr. Spencer’s “statement” to the FPF. The Fax cover page states:
SUBJECT: Statement
COMMENTS: Please see attached statements from Andrew Spencer.
The fax cover confirms there was more than one statement from Andrew Spencer, which confirms Mr. Spencer’s videotaped interview, where he stated the following, which Cst. Henderson also repeated in his reports, (page 57 of Exhibit “A”) which I will repeat here:
Q- Did you give a written statement?
A - Awe yes, gave one to the officer on duty then I wrote one at home and brought it to the police station the next day.
There were clearly two statements by Spencer, one of which has not been provided to me, and is being concealed. I have no doubt it will provide evidence that supports Mr. Spencer’s allegations are false. I require the missing handwritten statement to be disclosed and all of Cst. Lally’s notes etc from 3rd July, 2014, since it is my belief that Mr. Spencer was either high or intoxicated at the time he provoked the incident, and he made more misleading and inconsistent statements to the police, which will be revealed by his missing hand-written statement of 3rd July, 2014.
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