Crown alleges 'scheme', cover up at J.P. Levesque trial

The cross-examination of Thunder Bay Police Chief J.P. Levesque took adifferent turn Friday morning, as Crown counsel Jason Nicolwrapped up his questioning.

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Levesque was charged in May with breach of trust and obstruction of justice.

Levesque spent the entire morning court session under cross-examination, with Nicolasking many questions about Levesque's Oath of Secrecy, Oath of Office, while also referring to a number of sections of the Police Services Act.

At the end of the cross-examination, Nicolsaid he had three theories as to why Levesque decided to tell Hobbs about the extortion allegations.

The first, is that Levesque was worried about a betrayal by Keith Hobbs, who the Crown identified as, "highly volatile, unpredictable." Levesque said, "[I] don't concern myself with the mayor's feelings."

The second theory is that Levesque wanted Hobbs to stop the extortion that had supposedly taken place. Levesque replied, "That is absolutely ridiculous," to that accusation.

The third Crown theory is that Levesque wanted to bury the issue, before the OPP and RCMP could launch any type of investigation into the extortion allegations. Levesque called that "preposterous."

"You're smacking at some kind of cover up which is just fiction," Levesque testified.

The Crown continued to say that Deputy Police Chief Andy Hay was to help bury the issue, along with Levesque. The police chief's response was, "You don't know the Andy Hay I know."

Scheme, plan

Levesque told the Crown there was no way that two highly-respected police officers, Lewis and Hauthwould help cover up an investigation involving the mayor. He said that would not only be damaging to the force, but also to their careers.

Arguments made by the Crown that Police Services Board Chair Jackie Dojackalso disregarded the Hobbs investigation was counted by Levesque testifying that the person who hired him, would not allow them to commit a criminal act, under their watch.

Nicol said, "Your scheme, your plan, went sideways," referring to making the Hobbs investigation disappear.

"I take great offence to that. A scheme of...is just incredible," said Levesque. "This line of questioning is insulting."

After that statement, the cross-examination of Levesque was complete, suggesting he was part of a conspiracy to have Hobbs never charged with extortion.

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Levesquetestifiedabout his communications with Keith Hobbs, and why he took the steps to tell Hobbs about the extortion allegations that the Thunder Bay Police Service were told about by theRCMP.

"I thought this information might get leaked to the media, like the [YouTube] video," said Levesque.

While Levesque had some reservations about the case, he "couldn't discount what the RCMP said on the 14th," to Thunder Bay police.

Nicolasked Levesque at length about how he made the decision to tell Hobbs about the extortion investigation. Levesque said it was not spontaneous, and he had carefully thought about the matter for a week, before telling Hobbs. Levesque said the decision reached would certainly not impede any potential investigation.

"Not something I did on the turn of a dime," Levesque said. "I could use my discretion, have that conversation."

Levesque re-iterated why he had concerns about Keith Hobbs badgering Hauthif the news about the extortion investigation were to go public, and confirmed he was trying to make it easier on Hauth, who was a newly appointed Deputy Police Chief. He pointed out that the transition between Deputy Chiefs would take some time.

Levesque also testified that he spoke with Hobbs around January 19, and informed him the OPP would be taking over the investigation. Hobbs said he would be able to make a statement in southern Ontario soon, at OPP headquarters, and wished to take a polygraph.

Levesque said many times that he was able to give himself authorization to let out what was, otherwise confidential information about a potential investigation. Although the Crown took issue with that point, saying the Thunder Bay Police Service would be in conflict even for looking at the Hobbs case.

Done things differently

Crown counsel asked Levesque if, in hindsight, he would have done things differently. "No," replied Levesque, but added he would have taken more notes, and had another person in the room with him, when he spoke to Hobbs. He also said he has had a lot of time to think this matter over, adding it has had a tremendous effect on his family.

Nicol suggested that Levesque violated the police code of conduct, as well as numerous internal policies, as well as the Police Services Act.

"You can suggest all you want," aid Levesque, but said Thunder Bay Police handled the Hobbs investigation appropriately. He added the RCMPshould have turned the case over to the municipal force more quickly.

Crown counsel referred many times to the Police Services Act, specifically section 41, and the Administration of Justice, suggesting that Levesque was not following proper policies.

Levesque stated, numerous times, that he had the ability to use discretion when dealing with confidential information, and who he could tell information to.

Section 41, under part IV of the Police ServicesAct, which deals with the duties of a chief of police states:

(1.1) Despite any other Act, a chief of police, or a person designated by him or her for the purpose of this subsection, may disclose personal information about an individual in accordance with the regulations.

(1.2) Any disclosure made under subsection (1.1) shall be for one or more of the following purposes:

1. Protection of the public.
2. Protection of victims of crime.
3. keeping victims of crime informed of the law enforcement, judicial or correctional processes relevant to the crime that has affected them.
4. Law enforcement
5. Correctional purposes.
6. Administration of justice.
7. Enforcement of and compliance with any federal or provincial Act, regulation or government program
8. Keeping the public informed of the law enforcement, judicial or correctional processes respecting any individual.

The defence will call one more witness to the stand on Monday, with closing arguments expected Monday afternoon