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December 2, 2009  
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Cop guilty of tampering in son's case
By TONY BLAIS, COURT BUREAU
The Edmonton Sun

EDMONTON -- A veteran Edmonton police detective was found guilty yesterday of tampering in his son's drunk-driving case by trying to get his licence suspension cancelled.

Det. Jim MacNeil, 50, was convicted of charges of attempting to obstruct justice and breach of trust.

Court of Queen's Bench Justice Doreen Sulyma told court she didn't believe MacNeil's testimony and ruled he used his position as a police officer to "improperly" access police information to try to "protect" his son.

"His statements regarding all of this beggar belief," said Sulyma. "From the beginning, he was using his position for the sole goal of helping his son."

She also ruled that the actions of the 26-year veteran -- who is currently suspended without pay -- were a "serious and marked departure" from the standards of a public officer.

"He positively got involved in the investigation of a family member," said Sulyma, who earlier found it is against EPS policy to do such a thing.

"The actions of the accused here were indeed partial and he used his office for a purpose other than the public good," said Sulyma.

MacNeil showed no emotion when he was convicted in front of his wife and about a dozen fellow officers and left the courtroom without saying anything.

A sentencing hearing is scheduled for Feb. 16.

According to an agreed statement of facts in the case, Chad MacNeil was arrested for impaired driving by Const. Eleanor McEvoy and Const. Greg Kitura on Feb. 10, 2005.

After MacNeil tried to get a copy of his son's file on Feb. 17, 2005, the EPS began an internal investigation.

According to the agreed facts, MacNeil admits he sent a fax to the Driver Fitness and Monitoring Branch on Feb. 22, 2005, requesting his son's suspension be cancelled.

MacNeil also admits he sent a memo to the EPS case management unit requesting the suspension be cancelled, and accessed CPIC, the national police computer system, to run inquiries concerning his son.

On Nov. 19, MacNeil took the stand in his own defence and also admitted impersonating his son on the phone, but said that he did nothing illegal and some of the things he did were done with the knowledge and help of McEvoy.

In her testimony, McEvoy denied destroying the file or failing to submit it to the central registry and also denied helping MacNeil get his son's suspension rescinded.

In closing arguments, defence lawyer Michele Reeves admitted that what MacNeil did was stupid and possibly a breach of police policy for which he could face internal disciplinary action, but argued it was not criminal.

Reeves also suggested that MacNeil had been told by McEvoy that she was not going ahead with the charges, that she had asked him to send the fax on her behalf, and argued the fact he didn't attempt to hide anything shows he was operating with an "innocent mind."

TONY.BLAIS@SUNMEDIA.CA









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