Ottawa detective may be forced to answer about missing cash, mystery gun

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Det. Kirk Gidley despatched a observe from a psychologist saying he can’t testify. However the detective is able to performing in a thrash-metal band.

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Ottawa guns-and-gangs detective Kirk Gidley, a guitarist in a preferred thrash-metal band, can rock it out on stage at evening, however can’t deliver himself to testify about his day job.

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The detective has not proven as much as testify about accusations that he lied at trial, stole $50,000 in a drug raid and planted a handgun on the scene however he might now be pressured to start out answering questions below oath.

Gidley was a no-show twice and as a substitute despatched a observe from a psychologist saying he can’t testify. The newest time was in late February for examination-for-discovery in a $850,000 lawsuit towards the police division, Gidley and fellow detective Michael Saunders for illegal detainment, unreasonable search and malicious prosecution.

“There seems to be no legitimate cause for the defendant Gidley to refuse to be examined for discovery,” defence lawyer Diane Magas mentioned in a movement filed with the hopes of getting a choose to compel the Ottawa detective to testify within the civil case launched by former drug vendor Mohamed Mohamed.

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In spite of everything, the lawyer famous, the detective is sort of able to performing in a thrash-metal band, but can’t present as much as testify.

The courtroom filings embody screenshots of social media posts and movies of Gidley acting on stage with Infrared, and hanging with different musicians. The reveals embody {a photograph} posted on the band’s account on Jan. 14, with the caption: “We’re about to mess shit up on the Stray Canine Brewery.”

The put up was a reference to their present on the famed Orléans brewery, a venue recognized for prime acts and award-winning brews, together with Jagged Little Pilsner (hop-flavoured with a crisp, refreshing end).

Ottawa detective Kirk Gidley playing with the thrash metal band Infrared.
Ottawa detective Kirk Gidley enjoying with the thrash steel band Infrared. POSTMEDIA / HANDOUT

The lawsuit follows a July 2019 raid at Mohamed’s residence that was later dominated illegal by a choose in legal courtroom. The prosecution deserted the case after the lacking cash and thriller handgun particulars got here up in courtroom. Mohamed was launched from jail and his drugs-and-gun prices had been stayed on the spot.

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It must be famous that Saunders, not like Gidley, confirmed up for examination-for-discovery to handle the allegations.

The detectives are accused of mendacity at trial “to make sure a conviction and to cover the truth that they (or one in all them)” planted a handgun throughout a July 18, 2019 raid,” based on the assertion of declare.

Within the lawsuit, the previous drug vendor additionally accuses one, or each, of the Ottawa officers of stealing $50,000 and he desires his a refund.

”Gidley and Saunders engaged in severe misconduct – conduct that’s high-handed, oppressive, reprehensible, offensive and morally repugnant and unbecoming of cops,” based on the assertion of declare.

The detectives haven’t commented on this story however have denied the allegations in an announcement of defence.

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The Ottawa Police Affiliation has advised this newspaper that it stands by the officers and helps them.

It’s not the primary time Gidley has been accused of stealing bundles of money from a personal residence whereas on responsibility. The Ottawa Crown Legal professional’s Workplace dropped one other cocaine-trafficking prosecution after Ridley was accused of stealing $25,000 in a police operation billed as a drug raid. In that case final yr, the prosecutor gave loads of warning that the case might collapse if Gidley didn’t present as much as testify.

He didn’t. The Crown needed to drop the case as a result of Gidley, the exhibit officer, was a key witness. The police proof room recorded solely $3,300 seized and that money was returned to the accused drug vendor after the costs had been dropped.

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A press release of defence filed by former Ottawa Police Companies Board lawyer Dalton McGuinty Jr. says the detectives in query by no means even entered Mohamed’s residence so there’s no manner both of them stole cash or planted a handgun.

McGuinty’s filings are at odds with the under-oath courtroom testimony of a number of tactical officers – notably concerning the discovery of a loaded handgun.

(The raid on the residence by Gatineau tactical officers was on the request of the Ottawa police guns-and-gangs unit. The search warrant, issued by an Ottawa justice of the peace and endorsed by a Gatineau choose, was later dominated invalid by a choose as a result of police acted on mere suspicion and didn’t have cheap and possible grounds.)

At Mohamed’s drugs-and-guns trial, tactical officers testified that two plainclothes Ottawa police detectives entered the small, unfurnished residence after they cleared it twice and located no gun. The tactical unit was ready for the elevator within the hallway and was stunned once they heard an unidentified Ottawa detective yell out: “Have you ever seen the gun?” Officers had discovered cocaine, crack, scales, a small knife and a few cellphones, however no gun.

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Officer Nicholas Monette was closest to the residence door and walked again to see what the detective was speaking about.

“I requested him, ‘What did you say?’ And he says, ‘Have you ever seen the gun?’ As he’s saying that, he’s standing within the bed room, the room that me and (officer Daniel) Gagné cleared, and he’s wanting on the ground at a pistol,” Month testified.

Monette and Gagné each testified they correctly swept the room twice and didn’t discover the loaded gun. Monette recalled their double-check throughout testimony: “Then I rolled it, which means I needed to bodily stroll across the room to ensure there was nothing I might miss.”

After being known as again to the residence, Monette mentioned he noticed the gun the second he stepped contained in the unit. He testified two Ottawa detectives had been standing over the gun, with one officer to the left and the opposite to the correct of it, courtroom heard.

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Not one of the tactical officers who testified knew the identities of the 2 Ottawa detectives they are saying entered the unit after them.

Gidley has beforehand testified that he and Saunders weren’t alone within the constructing’s hallway for the 2 hours earlier than tactical officers arrived. He testified that there have been a bunch of Ottawa cops on the fifteenth flooring.

On the stand, Gidley had a tough time recalling them, mentioning solely two by identify, and mentioned he wasn’t 100 per cent certain.

He had estimated there have been as much as seven different Ottawa officers in addition to him and Saunders.

The detectives already knew Mohamed wasn’t within the residence as a result of he had been arrested earlier, within the first-floor laundry room.

Gidley’s police notes don’t point out every other officers on the fifteenth flooring, together with Saunders. He testified he undoubtedly wasn’t alone, saying different officers “got here as much as help me for officer security causes.”

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His testimony concerning the presence of different officers was additionally at odds with police division information. Ottawa police Sgt. Hartt Danford confirmed to courtroom that no Ottawa cops aside from Gidley and Saunders set foot on the fifteenth flooring. It was after that admission that Justice Richard Meredith requested the prosecutor: “The place does that take us?”

“It takes us with a ghost and a gun, and a launch order for Mohamed Mohamed … in mild of what’s transpired,” prosecutor Jennifer Morin replied.

gdimmock@postmedia.com

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