THUNDER BAY - After six days of testimony from nearly a dozen witnesses, the trial against Thunder Bay Police chief, J.P. Levesque, for charges of obstruction of justice and breach of trust wrapped up in a Thunder Bay courtroom.
The defense and prosecution provided closing submissions to regional senior justice, Bonnie Warkentin, on Monday.
Brian Gover, representing Levesque, concluded his defense by arguing the prosecution failed to provide direct evidence that Levesque attempted to hinder or tamper with a possible extortion investigation into Thunder Bay mayor, Keith Hobbs.
“If there is any reasonable doubt, Levesque must receive the benefit,” Gover said.
Last week, it was revealed in court that Levesque informed Hobbs he was the subject of an extortion investigation by the RCMP. The investigation came after a complainant came forward detailing information about Hobbs allegedly attempting to extort Thunder Bay lawyer, Alexander Zaitzeff, to purchase a house for then partner, Mary Voss.
Levesque also informed deputy chief, Sylvie Hauth and Thunder Bay city manager, Norm Gale of the investigation and his decision to inform Hobbs. Gover argued the decision by Levesque was the best one based on the circumstances.
“The circumstances facing Levesque were very unusual,” he said, referring to testimony that Hobbs was unpredictable, volatile, and difficult to deal with and that Levesque was about to leave on vacation when he learned of the investigation. Not wanting to leave the situation to new deputy chief, Sylvie Hauth, to deal with on her own, Levesque spoke with Hobbs as a way of handling the situation.
Throughout the course of the trial, Gover also asked witnesses about Levesque’s character and whether he was considered trustworthy and honest in the policing community and community at large. Of those questioned, including Hauth, former Thunder Bay Police deputy chief, Andy Hay, deputy chief Don Lewis, former police chief, Bob Herman, and Thunder Bay city manager, Norm Gale, testified that Levesque had a strong reputation and was known for being honest and trustworthy.
Why then, Gover argued, would Levesque be willing to throw away a reputation he had been building all his life?
“I doubt the court will ever hear again an accused said to be so honest and moral,” Gover said. “To have a reputation such as chief Levesque says something.”
Gover also pointed to the relationship between Levesque and Hobbs, which he called strictly professional and not personal in anyway.
“There was nothing in it for chief Levesque,” he said, adding the decision to inform Hobbs of the investigation and deviate from police policies was at his own discretion, based on the circumstances. Earlier in the day, former police chief, Herman, testified that the chief of police has the discretion to deviate from policies relating to confidential or sensitive matters, though added it was the exception to the rule.
“There was no significant risk to the investigation from notifying Hobbs,” Gover said, while further arguing that Levesque’s openness about his actions showed a lack of criminal intent.
“If he was truly involved in an illicit scheme to curry favour with Hobbs, he wouldn’t have been so open with this,” Gover said.
Jason Nicol, counsel for the prosecution, painted a very different picture of Levesque, calling his decision to inform Hobbs of the investigation an attempt to tip-off the mayor and avoid another public relations disaster.
“He fears a public leak and then leaks it himself,” Nicol said. “That to me makes no sense.”
Nicol referenced earlier testimony by Thunder Bay Police administrative Staff Sgt. of the criminal investigation branch, Susan Kaucharik, who testified Levesque told her he informed Hobbs as a professional courtesy.
During his testimony, Levesque told the court he did not recall that conversation, even after being pressed by Nicol.
Nicol called the decision to inform Hobbs a tip-off, “plain and simple,” to a former police officer and high-ranking municipal official.
“I’m not suggesting they had a personal relationship but there is clearly more to it than just a professional relationship,” Nicol said.
Nicol also questioned why Levesque did not consult with any of the people he informed afterwards that he was planning on telling Hobbs, including Thunder Bay Police Service Board chair, Jackie Dojack, city manager, Norm Gale, or deputy chief Hauth.
“The accused did not advise, consult, or alert anyone about his plan to tell Hobbs,” Nicol said. “He knew what he was doing was wrong, which is why he didn’t tell anyone.”
Nicol called the charges against Levesque a clear and overwhelming case of breach of trust and he urged Justice Warkentin to conclude that there was no legal or investigative reason to inform Hobbs of the RCMP investigation.
During Gover’s opportunity to reply, he said the prosecution was attempting to manifest something that didn’t exist.
Regarding Kaucharik’s testimony that Hobbs was told as a professional courtesy, Gover argued he believes she was misremembering the encounter and that she testified she could not recall the exact words used.
Gover also argued that Levesque saying it was a professional courtesy was in reference to deputy chief Hauth, not a courtesy to Hobbs.
Levesque was first charged with obstruction of justice and breach of trust in May last year and pleaded not guilty. The case was adjourned until Dec. 18 at 1:30 for assignment court, when a date will be set for Justice Warkentin to hand down her ruling.
Complete coverage of Levesque trial:
Day 1: Levesque trial opens in court; Levesque told Hobbs he was subject of investigation: witness
Day 2: Former deputy police chief testifies during Levesque Trial
Day 3: Levesque told Hobbs about investigation to ‘protect me:’ Hauth; Dojack, Gale testify at Levesque trial
Day 4: Levesque told ‘unpredictable’ Hobbs about investigation to manage risk
Day 5: Levesque tried to bury Hobbs investigation: prosecutor charges
Day 6: Former police chief, Bob Herman, testifies at Levesque trial
