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  Former City Cop Could Be Jailed until September, or Longer, for Failing to Testify at Inquiry; Dunlop's Disobedience 'Open, Continuous and Flagrant': Judge

By Trevor Pritchard
Standard Freeholder
March 5, 2008

http://www.standard-freeholder.com/ArticleDisplay.aspx?e=931006

Former city police officer Perry Dunlop was handed a six-month jail sentence Wednesday for refusing to testify last October at the Cornwall Public Inquiry.

The Ontario Divisional Court also convicted Dunlop, 46, of criminal contempt after he disregarded a subsequent court order to return to the stand - meaning he could spend even more time behind bars after his current sentence expires in September.

"Mr. Dunlop's disobedience of the order was open, continuous and flagrant," said Justice Lee Ferrier.

"Not only did Mr. Dunlop fail to appear as ordered, he publicized his intention to disobey the order and attacked the integrity of the commission, bringing the administration of justice into disrepute."

One of the key figures at the inquiry, which is examining how institutions responded to historical allegations of sexual abuse in the Cornwall area, Dunlop conducted his own investigation into the possibility of a pedophile ring.

In 1993, he turned over a file to the Children's Aid Society that revealed the Alexandria-Cornwall Roman Catholic Diocese paid an alleged victim $32,000 not to press charges against a local priest.

Over the years, Dunlop became disenchanted with the ability of the Cornwall Police Service and the province's justice system to prosecute alleged abusers.

After being the subject of multiple internal investigations, Dunlop left the force in 2001 and moved with his family to Duncan, B.C.

On Wednesday, Dunlop - unshaven, and dressed in a black casual shirt and pants - turned down one last chance to change his mind.

"Are you now willing to give evidence before the Cornwall inquiry?" asked Ferrier.

"No, I'm not," Dunlop responded.

Reading from the court's 11-page decision, Ferrier called Dunlop a "whistleblower" who had information that was central to the establishment of the inquiry.

His willingness to speak with the media, and his decision to "orchestrate" his February arrest at his home to ensure maximum publicity, only compounded his act of defiance, said Ferrier.

It also flew in the face of his desire to prevent the sexual abuse of children, he said.

Dunlop's wife Helen, who had denounced the inquiry as a "sham," stood throughout the proceedings.

She stormed off after her husband was led away in handcuffs into protective custody.

Other supporters, one of whom was ejected from the courtroom for making an outburst, harangued Crown lawyers following the hearing.

The divisional court's ruling gives Dunlop the option of "purging" his contempt by agreeing to testify at the inquiry.

If he agreed to take the stand, he would be able to apply afterwards for an immediate release from custody.

Commission lawyer Pierre Dumais said the inquiry would still like to hear from Dunlop - even if he gave no hints yesterday that he was contemplating an about-face.

"I think he's always maintained that under no circumstances would he appear at the inquiry," said Dumais, who was in the Toronto courtroom Wednesday.

"As to whether that's going to change now, I can't really answer that."

Dallas Lee, an attorney for The Victims Group, predicted that his clients' responses would "run the gamut" from outrage at Dunlop's incarceration to concern that the hubbub is overshadowing the testimony of the people who worked for the institutions.

"Nobody is talking about Garry Derochie," said Lee, referring to the veteran Cornwall police officer who has been testifying since last Thursday.

"Nobody. The focus is squarely on Dunlop."

One belief that has united his clients, however, is that Dunlop has been unfairly persecuted.

"He knows what it's like to be shackled. He knows what it's like to sleep in prison," said Lee.

"And there's a laundry list of perpetrators who have no idea what that feels like."

The focus on Dunlop could shift the attention away from another contentious issue - the more than $23 million in taxpayers' dollars spent on the inquiry over the past two-plus years, said Citizens for Community Renewal president Paul Scott.

"I think that by changing the direction here a little bit, I think maybe people will look at other aspects of the inquiry (including the institutional response)" said Scott.

While it was "very regrettable" that Dunlop was now behind bars, Scott said he understood the divisional court's rationale.

"We can't have people being the law unto themselves," he said. "If that's going to happen, the whole (justice) system breaks down."

 
 

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