Scryer
04-27-2005, 02:52 PM
Police Chief Seizes Private Computer from Critical Blogger (http://www.primetimecrime.com/Recent/Police/CH%20Chief%20seize%20computer.htm)
By Daryl Slade and Suzanne Wilton
Calgary Herald (http://www.canada.com/calgary/calgaryherald/)
April 09, 2005
Calgary Police Service Chief Jack Beaton has obtained a secret court order to seize from a civilian employee of the department a computer believed to be used in creating a website critical of his leadership.
The Anton Piller Order, a rarely used legal remedy aimed at preserving evidence in specific civil court cases, was executed by several police officers Saturday at the southeast Calgary home of Jan Vahey, who is contracted to do transcription work for the police service.
The order -- along with the reasons it was sought and approved by the judge -- have been sealed by the court, keeping its contents secret. Vahey said she's forbidden by the court order from speaking to anyone about it.
"Please do not ask me any questions," Vahey said when contacted by the Herald this week. "I'm not in the position to respond."
One of Vahey's lawyers in the case is former police chief Christine Silverberg, Beaton's predecessor. Silverberg did not return phone messages.
Beaton was tight-lipped this week about the matter.
"I'm sorry, I can't make any comment on this situation at all. It's before the courts. It's a court order," he said.
The initial website, called Standfirm Team, came to the attention of the police administration last October and criticized Beaton as "a rotten apple to be tossed out of the barrel."
The website purported to represent those civilian and sworn members of the service who "have either been victims of tyranny, politics, harassment, bullying, racism, constructive termination, etc."
At that time, Beaton called the site, whose authors took great pains to remain anonymous, "mean-spirited and in poor taste."
"Clearly, the authors have no regard whatsoever for our members who wear the uniform with pride," he said last year.
Ald. Craig Burrows, a member of the Calgary police commission, wouldn't comment about anything discussed privately between the commission and Beaton, but defended the top officer's actions.
"The chief is not using public dollars to go on a witch hunt for himself," said Burrows. "He is trying to protect the integrity of the police officers and the service itself. The chief has assured us, if he is ever to do a civil suit, he would not accept a dollar.
"The chief is sending a strong message that, if you're going to make outlandish accusations, you better be able to prove it. People shouldn't be able to hide and say things to destroy people's reputations and feel someone won't catch them and hold them accountable."
Civil liberties lawyer Stephen Jenuth said Anton Piller orders are relatively rare, but most often used in lawsuits involving libel and intellectual properties, such as copyrights.
"They are used usually when other parties to the lawsuit might destroy items or they might disappear if (the party) went through the normal process," said Jenuth.
Jenuth said the police action in a civil case "would seem a little over the top."
He also agreed there should be a time limit on such orders, suggesting they should be lifted once the evidence has been gathered and there is no longer a fear of it being destroyed.
"Once these things have been acted upon, they should be open to public scrutiny," he said. "Maybe there are confidential sources that may not be disclosed, but I'm not sure the rest of the action should be secret."
In late October, Beaton turned loose a legal team to unearth the authors of the website and "hold them fully accountable for their actions."
The website also attacked the Calgary Police Commission, which it described as a "puppet" and called for a "non-biased third party" to investigate cases that Beaton and the commission have allegedly buried.
dslade@theherald.canwest.com (dslade@theherald.canwest.com)
swilton@theherald.canwest.com (swilton@theherald.canwest.com)
© Calgary Herald 2004
Code200.com (http://www.code200.com/)
Police Chief Seizes Private Computer from Critical Blogger (http://www.primetimecrime.com/Recent/Police/CH%20Chief%20seize%20computer.htm)
By Daryl Slade and Suzanne Wilton
Calgary Herald (http://www.canada.com/calgary/calgaryherald/)
April 09, 2005
Calgary Police Service Chief Jack Beaton has obtained a secret court order to seize from a civilian employee of the department a computer believed to be used in creating a website critical of his leadership.
The Anton Piller Order, a rarely used legal remedy aimed at preserving evidence in specific civil court cases, was executed by several police officers Saturday at the southeast Calgary home of Jan Vahey, who is contracted to do transcription work for the police service.
The order -- along with the reasons it was sought and approved by the judge -- have been sealed by the court, keeping its contents secret. Vahey said she's forbidden by the court order from speaking to anyone about it.
"Please do not ask me any questions," Vahey said when contacted by the Herald this week. "I'm not in the position to respond."
One of Vahey's lawyers in the case is former police chief Christine Silverberg, Beaton's predecessor. Silverberg did not return phone messages.
Beaton was tight-lipped this week about the matter.
"I'm sorry, I can't make any comment on this situation at all. It's before the courts. It's a court order," he said.
The initial website, called Standfirm Team, came to the attention of the police administration last October and criticized Beaton as "a rotten apple to be tossed out of the barrel."
The website purported to represent those civilian and sworn members of the service who "have either been victims of tyranny, politics, harassment, bullying, racism, constructive termination, etc."
At that time, Beaton called the site, whose authors took great pains to remain anonymous, "mean-spirited and in poor taste."
"Clearly, the authors have no regard whatsoever for our members who wear the uniform with pride," he said last year.
Ald. Craig Burrows, a member of the Calgary police commission, wouldn't comment about anything discussed privately between the commission and Beaton, but defended the top officer's actions.
"The chief is not using public dollars to go on a witch hunt for himself," said Burrows. "He is trying to protect the integrity of the police officers and the service itself. The chief has assured us, if he is ever to do a civil suit, he would not accept a dollar.
"The chief is sending a strong message that, if you're going to make outlandish accusations, you better be able to prove it. People shouldn't be able to hide and say things to destroy people's reputations and feel someone won't catch them and hold them accountable."
Civil liberties lawyer Stephen Jenuth said Anton Piller orders are relatively rare, but most often used in lawsuits involving libel and intellectual properties, such as copyrights.
"They are used usually when other parties to the lawsuit might destroy items or they might disappear if (the party) went through the normal process," said Jenuth.
Jenuth said the police action in a civil case "would seem a little over the top."
He also agreed there should be a time limit on such orders, suggesting they should be lifted once the evidence has been gathered and there is no longer a fear of it being destroyed.
"Once these things have been acted upon, they should be open to public scrutiny," he said. "Maybe there are confidential sources that may not be disclosed, but I'm not sure the rest of the action should be secret."
In late October, Beaton turned loose a legal team to unearth the authors of the website and "hold them fully accountable for their actions."
The website also attacked the Calgary Police Commission, which it described as a "puppet" and called for a "non-biased third party" to investigate cases that Beaton and the commission have allegedly buried.
dslade@theherald.canwest.com (dslade@theherald.canwest.com)
swilton@theherald.canwest.com (swilton@theherald.canwest.com)
© Calgary Herald 2004
Code200.com (http://www.code200.com/)
Police Chief Seizes Private Computer from Critical Blogger (http://www.primetimecrime.com/Recent/Police/CH%20Chief%20seize%20computer.htm)