On September 19, the final day of Police Act hearings in London, Ontario Provincial Police (0PP) officer Ken Deane apologized to the George family for the shooting death of their brother, Dudley.

In a prepared statement, he said: “I accept the finding of the court that I am criminally responsible for the death of Dudley George. I profoundly regret this tragic incident that has caused so much pain and anguish for Mr. George’s family, friends, and his community.”

After reading the apology, he gave evidence at the disciplinary hearing before retired Toronto Deputy Chief Loyall Cann, who will decide whether Deane can remain with the OPP.

The discipline hearing, which will determine whether Deane willbe allowed to remain with the OPP, continues November 21, with closing arguments from prosecutor Denise Dwyer and defence lawyer Ian Roland. Deane has pleaded guilty to a charge of discreditable conduct under the Police Services Act (PSA).

Deane was convicted in 1997 of criminal negligence causing death for shooting Dudley George at Ipperwash provincial park on September 6, 1995, and sentenced to two years less a day, to be served in the community. In his ruling, Judge Hugh Fraser said Deane had knowingly shot an unarmed man and concocted a story to cover it up. Both the Ontario Court of Appeal andthe Supreme Court upheld the ruling.

During the disciplinery hearing, Deane also said he “totally” accepted responsibility for thedeath of Dudley George and the court’s finding. “Prior to the criminal proceedings in April, l997, I approached my counsel, Mr. Norman Peel, and advised him of my wishes to offer an apology” but “was advised not to.”

Only one family member, Dudley’s brother Pierre George, was in court to hear the statement. “If I wouldn’t have come today, who wouldhe be giving (the apology) to?” Pierre George asked. “Ken Deane has had six years to apologize to our family and he never said anything until now … just to stop from getting fired by the police.” Pierre said he could not accept the apology. It would have been acceptable only “if he would be sincere about it. He hasn’t shown any remorse.”

Another brother, Maynard “Sam” George, asked, “Is he apologizing today because the lawyer asked him to? Is he apologizing from his heart?”

Under cross-examination, Deane said his apology does not mean he admits to doing anything wrong in the park that night, when he was one of seven OPP officers who fired upon Stoney Point dissenters. “I wasconvicted in a court of law by a judge that chose to disbelieve my evidence,” he told Dwyer.

Dwyer asked Deane if he felt he was justified in opening fire.

“That was my belief that night,” Deane replied.

“And it remains yourbelief today?” asked Dwyer.

“Yes it does,” the officer replied.

Throughout the three-day hearing, several witnesses, Deane’s co-workers, were unable to confirm he had expressed remorse. When Dwyer mentioned their testimonies, Deane said he “compartmentalized” and “internalized” his feelings. “When you take a human life, it is a tragic, tragic incident (that) I will carry the rest of my life,” Deane said.

Deane was described as the force’s top bomb disposal expert, anda valued resource against terrorists and biker gangs. He testified hethinks he has a contribution to make to the OPP and the public. “I believe that,in this instance, I should not be terminated from employment, but shouldreceive a serious penalty.”

OPP Superintendent Rick Kotwa said the OPP seeks Deane’s dismissal fromthe force, given his criminal conviction. The case is unique because the conviction “is the most serious criminal offence” ever handed an OPP officer.

One of Deane’s supporters, Brian Adkin, president of the OPP Association, attended the hearings. He said Deane is “an exemplary officer and we will continue to support him.”

In further questioning, Deane conceded he also breached Section 42of the PSA by not assisting a victim of crime (George) after the officer had shot him. Deane also recognized his value as a police officer was diminished. In a surprise revelation, the officer confessed that, in l996, he was reprimanded for careless storage of a firearm stolen during a trip in the United States.

“With all this taken into consideration,” Pierre George said, “he should be let go,” but he would be “amazed” if Deane was dismissed.

The hearings continues in London November 21.