'Breach him forever,' probation service warned about Ottawa Valley triple murderer

Ontario's probation service says the high-risk intimate-partner abuser who flouted his probation order and went on to murder two ex-partners and a stalking victim should have been considered for more intensive supervision.

James Pearson, a probation quality assurance manager, made the admission Thursday while under cross-examinationduring his third day of testimony at a coroner's inquestexamining the killingsof Carol Culleton, Anastasia Kuzyk and Nathalie Warmerdam.

On Sept. 22, 2015, a man with a known history of gender-based violencemurderedall three womenin and aroundRenfrewCounty after repeatedly failing to attend a program meant to treat intimate-partner abusers.

Basil Borutskiwas convictedof three counts of murder in a jury trial and is in prison.

Inquest jurors, who are hearing from experts and first-hand witnesses in the case, are being tasked with recommending changes to policies and protocols to better protect and support survivors of intimate partner violencein rural communities.

On Thursday, Kirsten Mercer, the lawyer for End Violence Against Women Renfrew County, a local coalition asking questions of witnesses in the inquest, grilled Pearson at length about probation officers' handling of the case. Pearson was not directly involved but reviewed case files.

Mercer drew from an internalprobation service review writtenjust over a month after the murders that was entered into the inquest record.

It foundprobation officersmissed opportunities to reprimand andmore closely monitor Borutski, including gathering more information about him from collateral contacts, such as victims.

There is a gap there.- James Pearson, probation quality assurance officer

The report said that given hisviolent history including convictions for threatening Warmerdam's son and brutally beating Kuzyk and his continued denial of responsibility,"it would have been reasonable to have him considered as a potential intensive supervision offender."

"I agree, yes," Pearson said when asked if he concurred.

• Read the full internal probation report here

Mercer also referenced a December 2014 email from an institutional rehab officer to the probation service. It was sent shortly before Borutski was set to be released from jail after his conviction for assaulting Kuzyk.

"It is my opinion that the victims are at risk from this individual," the officer wrote, according to the information read aloud by Mercer."It has been my experience with abusers such as this one ... that he will not comply at all. You will have to breach, breach, breach and breach him forever."

"If you got that kind of email from someone who'd had a fair bit of contact with the offender while in prison," Mercer then put to Pearson, "would that inform your judgment about how to treat him when he startswiggling on the requirements?"

I think that we've conceded that we would have liked to see additional directiongiven, additional enforcement protocols put in place.- James Pearson, probation quality assurance officer

"I believe it would, yes," Pearson replied.

He said he did not know why the probation officers involved in the case are not testifying at the inquest.

A 'gap' in enforcement

At one point in her cross-examination, Mercerfocused on the seven-month periodfrom February 2015 when Borutski was deemed a high risk to recommit intimate partner violence and the murders.

This was the period in which he stalkedCulleton, unbeknownst to police.

It's also when hecontinued to give excuses for not attending a court-mandated program treatingmen who abuse their partners. He had originally been ordered to do so more than two years earlier.

The inquest has heard probation officers encouraged him to attend but never charged him for breaching the conditions of his probation, prompting Mercer to ask why more enforcement steps weren't taken.

"In this case, I think that we've conceded that we would have liked to see additional directiongiven, additional enforcement protocols put in place as it relates to the offender's attendance. There is a gap there," Pearson said.

Not-so-subtle signs of danger ignored, lawyer says

Theinternalprobation service review concluded that if probation officers had gathered more collateral information about Borutskifrom personal contacts and police, "subtle indications of deviance ... may have been made more clear."

But the signs were anything but subtle, Mercer said to Pearson.

"Much of it was not," Pearson agreed.

• Read a chronology of events leading to the Renfrew County murders here

Mercer pointed to one ofBorutski's first meetings with a probation officer, in January 2013, when he was released from jail following his conviction related to Warmerdam. He was ordered to stay away from her upon release.

"He talks about how he's entitled to show up ... on the edge of her property and hang out there," Mercer said, again referring to notes in the case.

Victims expressing concern would be a red flag, yes.- James Pearson, probation quality assurance officer

The probation officer "disabused" him of that idea, Mercer added, before asking Pearson if that sounded like someone who was going to push the boundaries of his probation.

"I would consider it an indication of someone's willingness to comply with the condition," Pearson replied.

Murderer's move 'a red flag'

Mercer then switched the focus toMay 2013, when Warmerdam, Crown attorneys and police voiced a "deluge" of concerns about himhaving movedto a location closer to Warmerdamfollowing his conviction related to her.

Pearson said the probation officer talked to Warmerdamabout the possibility of serving him with a peace bond, but she didn't because "she did not want to bring herself back into the offender's focus."

"So she was afraid of antagonizing him, is that right?" Mercer clarified.

"That's how I would interpret that, yes," Pearson said.

"Does that seem like a red flag at all?" Mercer pressed on.

"Victims expressing concern would be a red flag, yes," he replied.

Borutskiwas allowed to stay at his new location after the move was backed by a judge.

Closing arguments coming Friday

The inquest heard from its final witness later on Thursday.

Pamela Cross, a lawyer and women's advocate, walked through the systemic changes Renfrew County residents signalled they'd like to see made in the wake of the murders.

The ability for police to disclose information about abusers to current partners, and alliances between law enforcement agencies and community groups to help keep watch onabusers, were just two of them.

On Friday afternoon, parties with standing, including End Violence Against WomenRenfrew County and Nathalie Warmerdam's daughter, will make their closing arguments and outline what recommendations they think the jury should make.

The jury will then retire to consider their recommendations.

Leslie Reaume, the inquest's presiding officer, said she expected their deliberations will carry over into Monday and for the recommendations to be announced Tuesday.