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British Columbia

Reporter's notebook: Covering misconduct from an ex-RCMP officer in the Surrey Six case

"I sold my soul for this," former Mountie Derek Brassington told the court at the end of his hearing. "Instead of restoring public trust and faith in the RCMP, I killed it. I am sorry to everybody in this country that looks to the police to do what's right."

CBC reporter Rhianna Schmunk takes us into the courtroom at hearing for former officer

Derek Brassington pictured outside B.C. Provincial Court in Vancouver, B.C., on Dec. 11, 2013. The former RCMP sergeant was sentenced for breach of trust and obstruction of justice on Jan. 18, 2019, after admitting to having a sexual affair with a potential key witness in the Surrey Six murder investigation 10 years earlier. (CBC)

It was something you still don't see often.

An experienced murder investigator, oncea rising star with theRCMP, was doubled over in his seat, elbows on his knees and face in his hands, sobbing so hard his shoulders shook.

DerekBrassington, a former sergeant with the force, was sitting in the prisoner's box at his sentencing hearing in B.C. Supreme Court. He was about to be sentenced for having an affair with a potential key witness during the investigation into the2007Surrey Six murders the deadliest gang-related shooting in B.C.'s history.

At the Jan. 18 hearing, prosecutors read out loud an agreed statement of facts,outlining details of theentire forbidden relationshipthat led to two criminal charges: breach of trust and obstruction of justice.

The details were more sordid and intimate thanmanyreporters expected to hear, butBrassington, for the better part of 45 minutes, barely seemed to react.

He only broke down when his defence lawyer,Ian Donaldson,recited a list ofeverything hisclient lost in the aftermath of the affair: his policing career;his reputation and other personal relationships.

Brassingtoncould barely speak when he addressed the judge to make his apology.Dressed in a dark suit and tie, the tall ex-Mountiestoodat the podium and took deep breaths. When he spoke his voice shook through the sobs.Justice Arne Silvermangently told him to take his time.

I didn't know what to write in my notebook. Crying? Sobbing?Inconsolable?

How do you convey this kind of reaction and what it means, coming from this personnearlya decade after the crime?

It had become clear that the story wasn't just about an officer sleeping with a witness when he was supposed to be helping to solve a high-stakes murder case. It's also a reminder of the crippling stress officers face, how they canbe corrupted by temptation over time and how quickly lives can fall apart.

Derek Brassington pictured outside B.C. Provincial Court in Vancouver, B.C., on Dec. 11, 2013. (CBC)

Reporters gathered together in the hall after the hearing and talked aboutwhat we could report. An extensive publication ban covered the majority of what we'd heard that day. We were limited to reporting only the fact of the guilty plea, the code definition of the chargeshepleaded guilty toand the specifics of his sentencetwo years less aday house arrest under conditions.

Publication bans are court orders put in place to stop the public and the media from reporting certain details of an otherwise public court proceeding, often to protect identities or preserve the fairness of another upcoming trial.

I phoned my executive producer back in the newsroom and updated him on what had happened. A decision was made to challenge parts of the publication ban.

We believed there was significant public interest in reporting the story, based on the statement of facts andBrassington'sapology. A public servant had pleaded guilty and been sentenced for egregiously committing two crimes during a significant murder investigation, but we couldn't tell the public why.

People line up to be screened to enter the B.C. Supreme Court in Vancouver on Sept. 30, 2013. The trial of the 2007 Surrey mass murder that left six dead opened in Vancouver that fall. (Jonathan Hayward/Canadian Press)

I drafted a story aboutBrassingtonwhile we waited for our application to be heard in court.Ten days later, on Jan. 28,we found out two ofBrassington'sco-accused were going to plead guilty and be sentenced for charges against them, too. All three had been charged in 2011.

It was the same story with their hearings: we could only report the charge, plea and sentence. We added their cases to our application to have parts of the ban lifted.

A B.C. Supreme Court justice heard our application on Jan. 30.Justice Heather Holmesrescinded parts of the ban andgavereporters redacted versions of what had been submitted in court in all three hearings.

Derek Brassington pictured outside B.C. Provincial Court in 2013. (CBC)

I went back to the newsroom and wrote. The story went through two editors, an executive producer and a lawyer before we published.

I wanted to include revelations from Brassington that the public had never heard before because it shed a light on his state of mind leading up to and during the affair.

For example, we learned that although he had 13 years experience as an investigator, Brassington had little experience managing witnesses. On top of that, he said he was already acting as a leader in the difficult Robert Dziekanski case when he was also assigned the Surrey Six case in the fall of 2007.

Dziekanski, a Polish immigrant to Canada, died after he wasTaseredbyRCMPofficers at Vancouver International Airport on Oct. 14, 2007 five days before six people were killed in the Surrey murders. A video of the airport incident showingDziekanski being subdued by four officers made headlines around the world and brought enormous scrutiny on the force.

Brassingtontold the court he would cry in anguish when he listenedto radio coverage hammering the force overDziekanski'sdeath and his investigation as he drove home after work. He said he saw the Surrey Six investigation case as a chance at redemption for the force.

Instead, he snapped under the stressof both investigations.

"I sold my soul for this," he told the court at the end of his hearing."Instead of restoring public trust and faith in theRCMP, I killed it."

He continued: "I am sorry to everybody in this country that looks to the police to do what's right."