NL

3rd review of Tim Buckle's conduct done, sent to OPP

A follow-up review by Public Prosecutions into the conduct of a high-ranking member of the Royal Newfoundland Constabulary has been completed, and sent to an outside police force.

Report completed on April 8; RNC forwarded it to Ontario police force April 13

The Royal Newfoundland Constabulary's investigation into suspended Const. Sean Kelly (left) has been the subject of three external reviews, after a Corner Brook judge questioned a phone call between Kelly and Sgt. Tim Buckle (right). (CBC)

A follow-up review by Public Prosecutions into the conduct of a high-ranking member of the Royal Newfoundland Constabulary has been completed, and sent to an outside police force.

Donovan Molloy, Newfoundland and Labrador's director of public prosecutions, confirmed to CBC News that the report was submitted to the RNC more than a month ago, on April 8.

"At this time, questions regarding the report's conclusions and any actions taken in response to it should be directed to the Royal Newfoundland Constabulary," Molloy noted in an email.

At this time, questions regarding the report's conclusions and any actions taken in response to it should be directed to the Royal Newfoundland Constabulary.- Director of public prosecutions Donovan Molloy

RNC spokesman Const. Geoff Higdon said the review by Public Prosecutions was forwarded to the Ontario Provincial Police (OPP) on April 13 for its consideration.

Higdon said the RNC has yet to receive a reply from the OPP, and there is no timeline associated with that response.

CBC News had filed an access-to-information request for the review with the Department of Justice.

On Friday, that request was rejected, because the report relates to an ongoing RNC investigation.

'Heads-up' about investigation

The review in question is the third external report into Staff Sgt. Tim Buckle's role in the investigation of a fellow officer, Const. Sean Kelly.

Kelly was convicted last year of making indecent calls and committing public mischief by falsely implicating an innocent person. 

In court, Judge Wayne Gorman highlighted a phone call Buckle made to Kelly after the RNC received allegations of indecent phone calls made by Kelly.

During that call, Buckle told Kelly he was giving him a "heads-up" that he was being investigated.

Last April, in the wake of those comments by the judge, the RNC sent the results of its internal investigation to Public Prosecutions for the first external review.

Two months later, in June, Public Prosecutions found "deficiencies in the adequacy and sufficiency of the original RNC internal investigation," according to a police press release.

The RNC then called in the Ontario Provincial Police to do a second probe.

Six months later, in December, the RNC announced the results of that OPP probe, saying it confirmed "there were deficiencies in the original RNC investigation."

But according to the RNC, the OPP also concluded "there are no reasonable and probable grounds to swear any criminal charges."

'Not a reflection of doubt'

A month after that, in January, Public Prosecutions announced that it would launch another review into the Buckle matter, in the wake of that OPP report.

"Public Prosecutions wishes to review the entire OPP file to ensure that all currently existing relevant material is considered as part of the review it was asked to conduct," Molloy said in a Jan. 28 emailed statement.

"The decision to review the new material is not a reflection of doubt regarding the previous conclusions of Public Prosecutions or the conclusions of the OPP. Ensuring that all relevant information is considered is an important component of all matters, including files Public Prosecutions is asked to review."

The results have now been bounced back to the OPP for its consideration.