Regina police inspector avoids disciplinary hearing by retiring

A senior Regina police inspector who spent his career holding others accountable for their actions retired just days before he was to face a disciplinary hearing about his own conduct.

Former inspector Robert Dean was facing three charges under the Municipal Police Discipline Regulations for his role in accessing surveillance video that resulted in children being kicked out of the Regina Optimist Dolphins Swim Club (RODS).

Following an investigation by the Public Complaints Commission, Regina Police Chief Troy Hagen charged Dean with neglect of duty, improper disclosure of information and discreditable conduct.

Dean was scheduled to face those charges on July 4, but he retired July 1.

Hagen said even though the charges were "very serious," Deans retirement put an end to the hearing and the entire disciplinary process.

"No one has the authority to compel someone to be held accountable under the Saskatchewan Police Act discipline regulations once they've retired," Hagen explained.

"Its out of my control completely."

And so, Hagen argued, it wouldnt be proper for details of this case to become public.

"I dont believe its appropriate for anyone to have evidence vetted publicly without right of the accused in this matter retired Insp. Dean to have a trial."

Anonymous fax leads to confrontation

However, CBCs iTeam has learned more about the allegations faced by Dean.

Chair of the Public Complaints Commission (PCC) Robert Mitchell said from the beginning of the investigation he and his team were mystified by Deans alleged actions.

"The first thing that occurred to me and my colleagues when we were told about the complaint [was] How could he have done that?" Mitchell said.

The complaint was lodged on Jan. 24 by Andrea Mac Murray whose children swam with the Dolphins club.

She told the commission that in Nov. 2013 she sent an anonymous fax from the Cornwall Centre mall to the swim club'sauditor asking questions about the organizations finances.

Mac Murray sent the fax anonymously because she was worried her children would be kicked out of the club if she was identified.

She said she was confronted by club officials on Dec. 18.

According to Mac Murray, they told her they knew she had sent the fax because they had seen her do it on mall surveillance video.

Mac Murrays children were removed from the club as a result, and she filed a complaint with the PCC.

What investigators found

Mitchell said investigators found Robert Dean was asked by his brother Lee Dean to find out who had sent the fax to the auditor.

Lee Dean is director of swimming for the Dolphins.

Robert Dean reportedly told staff at the mall he wanted to view surveillance video as he was "conducting a criminal investigation."

Mitchell said there were a number of problems with this investigation, starting with the fact that Robert Dean was operating on a tip from his brother a potential conflict of interest.

"Right away hes in difficulty. He doesnt maybe know how much difficulty hes in, but he knows its not right and that struck me at that time that a senior officer ought to think of this right off the hop," Mitchell said.

Police inspector acted without evidence: PCC

Mitchell said Robert Dean was purportedly conducting a criminal investigation about an allegedly threatening fax.

However, the PCC discovered the inspector had never seen it the fax had merely been described to him.

Mitchell said had the inspector reviewed the letter, he would have discovered there were no grounds for an investigation.

"It was not a threatening letter. There was nothing threatening about it," explained Mitchell.

Robert Dean obtained an image of Mac Murray sending the fax from the surveillance video at the mall and then shared that image with his brother Lee.

"We would not regard that as being normal conduct acceptable conduct," Mitchell said. "That is sharing evidence with non-police personnel."

On Jan. 10, Mac Murray received a letter from the club, signed by Lee Dean, saying RODS had investigated the source of the fax and "the result of this investigation was the discovery that you were responsible."

The letter from RODS said Mac Murrays children were being removed from the club because her fax was a breach of the clubs code of conduct and "clearly represented actions that were detrimental to the club."

Robert Dean creates police records after the fact: PCC

Police officers are required to create reports while they undertake an investigation, Mitchell explained.

But he said the public complaints investigation found something quite irregular.

Mitchell said Robert Dean hadnt filed reports in the Regina Police Service system until Jan.27, about two months after he accessed the surveillance video from the mall.

"[The police reports] had not been created a timely way [They were] created after the senior officer realized he was in a pretty tight corner," Mitchell explained.

Months ago CBC's iTeam reached Robert Dean by cell phone to talk about these charges but he hung up without comment.

And Dean hasn't responded to our request for comment on this story.

"Im sure he tosses and turns at night"

Mac Murray said shes disappointed this matter never went to a disciplinary hearing.

"I feel like Robert Dean got a golden handshake," Mac Murray said. "He had no real consequences."

Yet Mac Murray pointedout her family continues to suffer as her children were not admitted back into the club.

"My daughters have been humiliated by this. This is what hurts me as a mom and hurts my husband as a father. And we have never gotten anything from [RODS] and/or from the police department. No apology. No word. No nothing."

Hagen said the police service may consider issuing an apology.

Mitchell said though Mac Murray didnt get what she wanted, the process worked as it should have.

"Weve investigated the complaint. Weve found the complaint was well laid. It was a successful complaint."

While the complaint will not be formally adjudicated by the disciplinary panel, Mitchell said in reality, Robert Dean has faced consequences.

"He left, Im sure, before he intended to. He left and his long career as far as I know an honourable career was just abruptly ended." Mitchell told CBC.

"So Im sure he tosses and turns at night over it."