The deadline for the external investigations into Victoria Police Chief Frank Elsner’s conduct has been extended until Feb. 24, the police complaint commissioner Stan Lowe said Wednesday.
RCMP Chief Supt. Sean Bourrie is investigating Twitter messages Elsner exchanged with the wife of a subordinate officer and allegations of workplace harassment by four female employees.
Bourrie is also investigating allegations that Elsner asked a potential witness to make a misleading statement during the internal investigation and that Elsner sought access to the Victoria police archive computer server and deleted or attempted to delete emails during the internal investigation.
It’s also alleged that Elsner asked a potential witness to destroy electronic data after Lowe ordered the external investigation.
The investigation was to have been completed today.
This is the fourth time the Office of the Police Complaint Commissioner has granted an extension to the investigation, which began in December 2015. The B.C. Police Act requires investigations into allegations of police misconduct be completed within six months, but the police complaint commissioner has the power to grant an extension if new investigative leads are discovered.
Bourrie’s investigative team has completed 82 interviews and examined electronic devices, email accounts and the Victoria police servers. He has reviewed material from an internal investigation conducted by lawyer Patricia Gallivan, Lowe said.
Bourrie has asked for more time because he needs to get clarification from Gallivan and more information on emails. More time is needed to write the final investigation reports, which are about 300 pages each with attachments, Lowe said.
“Following a review of the investigation completed to date, I am of the opinion that it is in the public interest that this matter continues to be investigated as thoroughly as possible,” Lowe said.
“However, this is a complex investigation that involves several allegations and a significant body of evidence. I appreciate that the ongoing investigation has impact upon the operations of the Victoria Police Department and that there is a public interest in resolving these matters in a timely way. At the same time, there is an overarching public interest in ensuring that the issues are addressed as fully and responsibly as possible.”
Elsner and the OPCC are awaiting a judgment from B.C. Supreme Court Justice Christopher Hinkson as to whether the office has the authority to order an external investigation into conduct that has been the subject of an internal investigation.
Elsner, who is suspended from duty, filed a court petition to quash the OPCC’s public trust investigation on the grounds that the internal investigation, which concluded in December 2015, should be enough.
Hinkson heard the evidence over four days in mid-November and has reserved judgment until a later date.
