And now:Ish <[EMAIL PROTECTED]> writes:
From: Lynne Moss-Sharman <[EMAIL PROTECTED]>
Subject: FORT WILLIAM RESERVE no jail time for sergeant
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FORT WILLIAM RESERVE
Thunder Bay, Ontario
Feb. 24, 1999
OFFICER POINTED GUN AT SECRETARY: Anishinabek sergeant
pleads guilty in court, gets discharge
The Chronicle Journal (Phil Andrews)
Repeatedly assaulting and pointing his service revolver at
his secretary isn't likely to result in jail time or
a criminal record for the detachment commander of Fort
William First nation's police service. Anishinabek Police
Service Sgt. Daniel (Dan) Andrew Bannon, 40, received a
conditional discharge Tuesday after pleading guilty to charges
of assault and illegally pointing a firearm related to on-duty
incidents in 1997. Ontario Court provincial division Judge
Ray Walneck's ruling means Bannon won't receive a criminal
record if he abides by the conditions of a two year probation
term. "This is a very unfortunate situation," Walneck told
the hulking Bannon. "I hope you've learned something from
this."
Robin Bannon, who isn't related to the officer and who lost
her job after the incidents that resulted in the charges,
slumped, sobbed and drummed her feet against the floor of
the courtroom during Walneck's verdict. After the ruling and
outside the courtroom, she called the whole exericse "a waste
of time." Tom Fitzgerald, the director of Crown attorney
operations for Northern Ontario had urged the court to register
a conviction against Bannon. "This man essentially abused his
trust," Fitzgerald told the court. "You don't grant discharges
to people who assault their spouses on a number of occasions.
You should not grant a discharge to someone who points a firearm
at a person on a number of occasions."
Court was told between Feb. l, 1997 and Oct. 31, 1997 Bannon
repeatedly "flicked" his hand against the complainant's head,
put her into half-nelson submission holds and pointed his
firearm at her. The incidents took place at the Fort Willilam
First Nation Police station. Defence lawyer Lee Baig told the
court the incidents were acts of "horseplay" and didn't result
in bruises or physical injuries to the complainant. Baig called
his client's actions "stupid" but not criminal and entered
as exhibits what Walneck called the most letters of support
he's ever encountered on behalf of a defendant.
Northern Ontario Crown Attorney director of operations Tom
Fitzgerald told the court the incidents that led to the charges
were the result of the officer having stress because of marital
difficulties and "problems with command". "If this man can't
handle stress maybe he should be seeking other employment,"
said Fitzgerald. Before announcing Walneck called Sgt. Daniel
Andrew Bannon's actions "very stupid" "immature" and said they
put his victim "through hell." Under the terms of Bannon's
probation: he cannot associate or communicate with the
complainant; he must requalify in firearms training; and he
may only possess a firearm during his police work.
Bannon has been suspended with pay since last March 13. He
remains suspended with pay and may learn on April 21 whether
this case will lead to further professional repercussions.
He is to appear in Sault Ste. Marie that day for disciplinary
hearing into the matter at Anishinabek police headquarters.
Demotions or dismissals are possible sentences arising from
such hearings. Bannon's brother Glen Bannon is police chief of
the Anishinabek Police Service (APS). APS Staff. Sgt. John
Syrette said the police chief won't participate in the
April 21 hearing.
EDITORIAL
>From time to time sentences handed out by the courts appear
to be out of all proportion to the facts in the case. This
is one of them. Ask yourself what you think would happen to you if you:
a) repeatedly hit someone who worked for you;
b) repeatedly immobilized them in wrestling holds;
c) repeatedly pointed a loaded revolver at them.
Dan Bannon's lawyer says it was just horseplay. Really. Dan Bannon is a
police officer, a sergeant in fact, with the Fort William First Nation
police force. He's a big man who yields power and authority.
Robin Bannon, who is no relation, was his secretary. We say was because she
lost her job after her boss was charged in connection with these incidents.
Dan Bannon's brother Glenn, incidentally, is the chief of the police force.
After court yesterday, Robin Bannon sobbed and called the whole exercise a
waste of time. Dan Bannon, who admitted to charges of assault and pointing
a firearm, had just received a conditional discharge. This means that he
will have no criminal record as long as he doesn't go near Robin Bannon,
requalifies in firearms training and carries a gun only for work. Pretty
minimal stuff for doing what he did.
The Crown had urged the court to register a conviction against Dan Bannon
because he "abused his trust." You just don't grant discharges for this
level of crime, said Tom Fitzgerald. Apparently you do, sometimes. Dan
Bannon's lawyer called his client's actions stupid, but said they weren't
criminal and didn't cause the
complainant physical injury. He tabled a stack of letters in defence of his
client's character. That, and a reference in court to marital problems and
"problems with command" were enough to cause the court to deny Fitzgerald
and the community's sense of justice. Now it's up to police authorities in
Sault Ste. Marie where Bannon will appear at a disciplinary hearing in
April. Until then, and since the 1997 incidents, he's suspended, with pay.
"Let Us Consider The Human Brain As
A Very Complex Photographic Plate"
1957 G.H. Estabrooks, Creator
of the Manchurian Candidate
born New Brunswick
[EMAIL PROTECTED]
www.aches-mc.org
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Tsonkwadiyonrat (We are ONE Spirit)
Unenh onhwa' Awayaton
http://www.tdi.net/ishgooda/
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