RCMP brass in B.C. unlawfully abused authority by offering to withdraw sex-related disciplinary charges against a female officer if she agreed to drop a civil suit involving the RCMP, her lawyer alleged.
Const. Susan Gastaldo and Staff-Sgt. Travis Pearson are accused of having sex in a police car during work hours and exchanging intimate messages via an RCMP Blackberry in 2009, while Gastaldo worked for Pearson in the "Special O" surveillance unit, in and around Burnaby.
An RCMP hearing into their actions continued Monday, after RCMP conduct prosecutor Gregory Rose and Gastaldo's RCMP-appointed defence lawyer Larry McGonigal had asked for an adjournment to discuss a settlement two weeks ago.
Gastaldo has filed a civil suit in B.C. Supreme Court alleging that Pearson used his power and her vulnerable mental condition to sexually assault her at his home and coerce her into ongoing sexual relations.
On Monday McGonigal asked for the RCMP tribunal to be halted, alleging B.C.'s commanding officer had "oppressed" Gastaldo by committing an "abuse of process."
He cited a Sept. 20 email from Rose, who was acting as agent for the commanding officer.
"(Rose) has already admitted that it was an error for (B.C. RCMP brass) to connect the settlement in the civil suit to dropping charges in the disciplinary matter," McGonigal said. "It was a tactic to get Cont. Gastaldo to drop a civil case. If I am right, that is unlawful."
McGonigal said if RCMP brass use disciplinary authority to "leverage an agreement," in another forum, "many will lose faith in the integrity of our disciplinary system."
Rose told RCMP adjudicators the hearing and Gastaldo's cross-examination should continue.
"I did admit the connecting of the two proceedings was an error," Rose said. "This was not an admission of an abuse of process."
The hearing got tense when Rose surprised McGonigal by disclosing an email in which McGonigal suggested that continuing the conduct hearing could lead to evidence coming out which might add "aggravating damages" to Gastaldo's civil suit.
"I must warn you, I feel (dropping conduct charges against Gastaldo on compassionate grounds) is the most appropriate way out, to stem the bleeding," Rose quoted, from McGonigal's email. "The glint in the civil lawyers' eyes are growing. They can't believe this (hearing is proceeding.)"
Gastaldo rejected the "global resolution" offer from the RCMP for the two proceedings, Rose said, adding the offer was "far from unfair or oppressive treatment of Const. Gastaldo."
Arguments on whether the abuse of process claim will be accepted by adjudicators continue at the hearing Tuesday. Pearson's RCMP-appointed counsel has not yet had the chance to contest allegations made by Gastaldo.
