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Manitoba

Inquiry into ex-cop's conviction in crash begins in Winnipeg

An inquiry into the police investigation and court case surrounding the death of Crystal Taman began in Winnipeg on Monday with testimony from the victim's widower.

An inquiry into the police investigation and court case surrounding the death of Crystal Taman began in Winnipeg on Monday with testimony from the victim's widower.

Taman, a 40-year-old mother of three, was killed in February 2005 when her car, stopped at a traffic light in East St. Paul, was struck by a pickup truck driven by Derek Harveymordenzenk, then an off-duty Winnipeg police officer who had spent the night partying with colleagues.

Harveymordenzenk, also known as Derek Harvey-Zenk,received a two-year conditional sentence after pleading guilty to dangerous driving causing death. Hehas sinceturned in his badge.

'In the end, when everything unfolded our lives collapsed around it. It was verydifficult to deal with.' Robert Taman

At the time, the court case and plea bargain reached between the defence and Crown stirred public outrage and prompted the government to call the inquiry.

The inquiry, led by former Ontario Superior Court justice Roger Salhany,began Monday by examining theTaman family'streatmentby the court system and victims' services. It will look at questionssuch as whether the prosecutor kept the Taman family informed about developments in the case, as is required under provincial law.

Robert Taman, Crystal's widower, took the stand Monday with testimony about his family's experiences during the investigation and trial, describing the morning of the crash and how his children have reacted to their mother's death.

He described his experience with the justice system as confusing and difficult to understand. "You have your full trust in these people.Basically your lives are in their hands. It's not like seeing a doctor and being diagnosed with something and you can say, 'Hold off, I'm going to a second opinion here.' With this system, you're not allowed a second opinion. You have to go with what's being said to you whether you like it or not,'"Taman said.

Robert Taman, widower of crash victim Crystal Taman, takes the stand Monday at the inquiry into the court processes surrounding his wife's death. ((CBC))
"And in the end, when everything unfolded, it was not only not accurate as to what we were told, we felt the whole case, and our lives, collapsed around it. And it was a very difficult thing to deal with."

He felt let down by the system when he learned the case would not go to trial, Taman said, stopping several times to gather his emotions and wipe tears from his eyes.

"We were hoping we would hear all the evidence, that the evidence would come out and show the wrongdoing," he said. "That in the end, that full picture wouldcome out foreverybody to see:who took Crystal's life, and how it was done, and how it was completely senseless ... and then everybody would have been held accountable."

After examining the Taman family's experience,the inquiry'sfocus will shift to the conduct of the police involved in the investigation into the crash that killed Taman.

It will also examine the conduct of Harveymordenzenk and other Winnipeg police officers in the hours leading up to the crash and how lawyers arrived at the plea agreement that spared Harveymordenzenk any time behind bars.

The Taman Inquiry, as it is formally named in Manitoba, is designed as a fact-finding mission, but it also leaves room for inquiry lawyers to call for another police investigation.

Harveymordenzenk was initially charged with refusing a breathalyzer, impaired driving causing death and criminal negligence causing death. But those charges were dropped without explanation when Harveymordenzenk pleaded guilty to dangerous driving.

The court heard Harveymordenzenk had been out at an after-shift party withotheroff-duty police officersin the hours before the crash, but no evidence was offered in the case about whether the former officer had been drinking.

Hearings are expected to take place over the next three months. The commissioner is scheduled to deliver a final report to the province's attorney general by Sept. 30.