Derek Harvey-Zenk has unfairly become the focus of an inquiry that is mandated to review the conduct of the investigators and prosecutors who handled his case, the Taman inquiry was told this morning.
Prominent local defence lawyer Jay Prober, who is representing Harvey-Zenk at the inquiry, said Harvey-Zenk’s conduct and role in the death of Crystal Taman has already been dealt with by the court and the purpose of this inquiry is not to re-try him.
“This inquiry is not an inquiry into whether Derek Harvey-Zenk was impaired,” Prober said. “It is not an inquiry into Derek Harvey-Zenk’s memory loss… This is not a retrial nor should it be.”
Harvey-Zenk, a former Winnipeg police officer, had spent the night drinking with other officers when he drove his truck into the rear of Taman’s small convertible on Highway 59 and the North Perimeter on the morning of Feb. 25, 2005, killing her almost instantly. He later pleaded guilty to criminal negligence causing death, in a plea bargain that resulted in special prosecutor Marty Minuk agreeing to stay three alcohol-related charges and agree to a house arrest sentence of two years less a day.
The inquiry is investigating the conduct of the East St. Paul and Winnipeg police forces, which investigated the crash, as well as the prosecution of the case under Minuk and how he treated the Taman family and Taman’s parents, Victoria and Sveinn Sveinson.
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Today marks the end of the public portion of the inquiry, which began in June. Commissioner Roger Salhany is expected to release his written report by the end of September but he has said he could ask for an extension.
Submissions were made by lawyers this week on behalf of clients who have standing at the inquiry.
Prober said Harvey-Zenk came to the inquiry as a witness, adding that he had been the subject of the investigation and prosecution not a participant in it.
“He has no onus to prove anything,” Prober said. “He has no obligation to prove anything.”
Prober said commission counsel tried to depict Harvey-Zenk’s behaviour leading up to the crash but witnesses were divided on whether Harvey-Zenk was drunk or if anyone could smell alcohol on him.
“There was no evidence he was pissed, loaded or drunk,” Prober said.
Prober said Harvey-Zenk honestly stated he couldn’t explain what happened in the hours leading up to the fatal crash, adding there was no evidence that he was hiding anything
“It’s a fact he has no memory of what happened and it’s a fact that is uncontradicted,” Prober said. “He does not know what caused his memory loss.”
Prober ended his 30-minute submission with a statement that Harvey-Zenk had asked him to repeat the comments he made at his trial when he apologized to the Taman family for his actions.
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