Journalist's camera seized to preserve evidence, Winnipeg officer testifies at misconduct hearing

A Winnipeg police officer says he seized a camera from a photojournalist because he feared losing evidence from a crime scene that involved a dead man.

The officer testified Thursday at a hearing into allegations of misconduct following his interaction with a veteran photojournalist in late 2017.

Chris Procaylo, a photographer with the Winnipeg Sun newspaper, alleges the officer unlawfully seized his camera, intimidated him and swore at him while he was working at a crime scene on Main Street in Winnipeg.

He filed a complaint with the Law Enforcement Review Agency, alleging the officer committed three acts of disciplinary default during their interaction: abuse of authority by conducting an unreasonable seizure, using oppressive or abusive conduct or language, and being discourteous.

CBC News cannot name the officer because of a provision in the legislation governing LERA, which prevents the publication of the name until the judge has made a decision in the matter.

'Extremely chaotic': officer

The officer, who has been with the Winnipeg Police Service since 2004, told the court he never swore at Procaylo and was not confrontational, but was trying to help secure a crime scene on Dec. 2, 2017.

Procaylo testified earlier that he went to a location on Main Street that day after receiving a tip that there was a "ruckus" and someone with a weapon.

When he arrived, he said he saw police subduing a man inside a store and started taking photographs.

The officer said he first encountered Procalyo when he saw him crouching behind two cars, taking pictures of a man inside a store being attended to by first responders and police.

"The scene was extremely chaotic," the officer told the court Thursday.

The man "was no longer responsive and was believed to be deceased," the officer said.

His testimony later confirmed that the man Procaylo had taken photos of died at the scene. That man's identity was not revealed as part of the public hearing, nor was the cause of death.

The officer testified he "requested" that Procaylo move, so first responders could move unobstructed.

Earlier this week, Procaylo gave the court a different version of the interaction, saying the officer loudly screamed at him to move and told him to "f--k off."

Procaylo also said the officer made an attempt to head-butt him and told him the police didn't want him "taking pictures and distorting" things.

Under oath, the officer denied saying any of those things and accused the photographer of being unco-operative.

Procaylo refused to answer any questions and never identified himself as media, the officer testified — something Procalyo also denies.

'Level of unco-operativeness': officer

The officer testified he was forced to make the decision to seize the camera during his interaction with Procaylo, because he felt there could be evidence that might help investigate what became a major crime scene involving a death.

"I was uncomfortable with him having access to that camera due to his level of unco-operativeness," the officer said.

Due to the chaotic nature of the situation, there was no time to apply for a warrant, the officer said. He testified he never looked at the pictures, and within a few hours turned the camera over to a public information officer, who returned it to the Winnipeg Sun.

The officer is expected to be cross-examined by Procaylo's lawyer on Friday.

Provincial court Judge Tony Cellitti is presiding over the hearing, which began Tuesday and is scheduled for five days.

Public hearings in Manitoba based on Law Enforcement Review Agency complaints are rare, with the last one held in 2017.

A public hearing only takes place after the commissioner of the agency reviews the complaint and refers it to a hearing to determine its merits.