Surveillance mishap lands confidential files in public hands
By Mona Mattei
Evidence from several serious RCMP files is in public hands after sloppy police work left sensitive images in the open.
RCMP at the Grand Forks detachment put the home of Dion Nordick, who prefers to be known as Buck Addams, under surveillance as a part of executing a search warrant on June 13 for an alleged marijuana grow operation. No grow op was found, but police did find spray paint and stencils, which Adams said are used for his work in making signs, and confiscated them as possible evidence in another open case of graffiti vandalism. Addams, a 33-year-old graphic artist and web marketing specialist, was unaware that the police were watching his Grand Forks home and just happened to see a flash go off as he was leaving his house. “As I got closer (to where the flash went off) I saw that it was a hunting camera strapped to a tree. So I ripped it down off the tree,” Addams explained. “I took a look (on the other side of the driveway) and I found another hunting camera.” After removing the cameras Addams checked the flash drive cards to see what was on them. One card was clear of any photos except the surveillance, which started on June 14 at 3 a.m. according to the time stamp on the photos. But the other card had two files with a total of 240 pictures ranging from dead bodies to domestic disputes to suicide notes from a variety of police cases. Some of the photos were very disturbing, said Addams. “If it was my or your loved ones that were on that camera, which it may very well be, its not something that you want to have fall into the hands of somebody like me either,” Addams added. Staff Sgt. Dan Seibel, operations NCO for the Kootenay Boundary Regional RCMP Detachment, countered that the cameras were placed outside of Addams property in conjunction with the search warrant. Seibel said that when the police attempted to retrieve the cameras they were gone. “The RCMP did formally request that the cameras, which are government of Canada property, be returned immediately,” said Seibel. “The RCMP position remains that police were acting within our legal authority. We are aware that photos have appeared on the camera disc, the type of photos and file management of them have been subject to ongoing assessment and legal review.” Seibel confirmed that the photos were attached to the original files at the time they were taken and they are unsure why the camera cards were not cleared according to protocol. “We’re examining the matter to determine whether the investigators using the camera completely deleted the related images and will determine what steps the officer took when handling and setting the camera up,” Seibel added. The cards have been in the safe-keeping of Addams lawyer, Jesse Gelber, in Trail, B.C. Gelber has been negotiating with the RCMP on Addams’ behalf for the return of his property, and to hold the RCMP accountable for the surveillance fiasco. “If there was a warrant we haven’t been provided with it yet,” said Gelber. “We’re not making any accusations, we’re simply asking the police, as we’ve done with two separate letters that we’ve sent to them, to provide an explanation of what was going on – if there’s a warrant, produce it.” The police have an entitlement to use cameras providing they meet certain standards, according to Seibel. Seibel said that the cameras were not on Addams’ property and, while not directly related to the search warrant, that they were left in place to gather further evidence for graffiti or another criminal investigation. “The concern that I have is that the cameras were in fact stolen, and efforts have been made through legal channels to have the cameras and of course the images returned,” Seibel continued. “It appears that we have a legal defense counsel refusing to do that.” Addams confirmed that after the search was conducted he willingly went to the police to discuss his situation and try to resolve any questions, including his claims that he is innocent of any graffiti. Addams has not been charged with any violations, although Crown counsel has alleged that he is in possession of police property, Addams added. Addams has since relocated to Nelson, B.C. as a result of what he feels is continued police harassment.
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