Matthew Wild
Special to The Chief
A retired Squamish police officer has been cleared of all charges of wrongdoing nearly a year after being accused of fabricating evidence and obstructing justice.
Former RCMP highway patrolman Paul Higgins appeared at North Vancouver Provincial Court on Wednesday and Thursday (Jan. 21-22) for trial on the charges.
The prosecution had alleged that Higgins influenced a road accident eyewitness during a photographic line-up session, by revealing which picture showed the suspect driver.
Higgins's defence - which was wholly accepted by the trial judge - was that he selected three possible likenesses.
The motorist was subsequently convicted, identified by other occupants of the vehicle, and it was never alleged that Higgins caused a mistrial.
Crown prosecutor Alastair Wade outlined that Jody Howitt, aged 24, of Whistler, came across a single-vehicle motor accident on the Sea-to-Sky Highway on Sept. 29, 2000. She observed two injured male occupants, and a third man running away, attempting to hitchhike from the scene.
Wade stated that Higgins interviewed Howitt on Oct. 6, 2000, when he presented her with a photographic line-up.
Giving evidence Wednesday, Howitt stated that her memory of events was poor, confirming that she had given different accounts at different times.
She explained the line-up procedure as follows: "Photo No. 1 was my first choice, and No. 6 was my second, but I said it possibly could have been No. 4. That's when I was told it was this one, No. 4.
"He [Higgins] said 'That's the guy.'"
Higgins' defence lawyer, Reg Harris, stated that his client had made procedural mistakes through inexperience in the operation of photo line-ups, but there was no evidence he had been wilfully attempting to break the law.
"Individuals - police officers, doctors and lawyers - make errors," he said. "The rest of his investigation was without fault.
"If he was going to fabricate a case against Mr. Dawson, would you not expect him to say that Mr. Dawson had confessed?"
Judge Leo Nimsick questioned why Higgins would want to fabricate just one part of an investigation, as this line-up evidence would have no influence on Dawson's verdict considering he had already been identified as the driver.
He accepted Higgins made a mistake due to stress, suggesting that Howitt may have confused him.
"I am not going to say Constable Higgins was without fault," said Nimsick. "Careless, probably; negligent, maybe. But criminal? No way. You have got to take a long leap to go from careless to criminal. That takes wilfulness."
He said Higgins would have absolutely nothing to gain from lying, and dismissed the case.
Afterwards, Higgins declined to talk directly, referring questions through his lawyer, who said the process of waiting for this trial had been exceptionally stressful for his client, who he said now worked for a security company.
"He has given 28 years' loyal service to the RCMP," said Harris. "When he retired he received a certificate thanking him for his dedicated service."
The trial had been due to run for three days, but concluded Thursday without Harris calling witnesses. He later said he had a list of police officers to speak of Higgins' honest character.
He said that he did not understand how this procedural matter had become the subject of a criminal investigation rather than internal police disciplinary procedures.
