Murdock Hearing Delayed Until September 8th

A veritable mountain of documents had a former Moose Jaw Police Service (MJPS) constable asking for additional time to hire a lawyer to mount his appeal on Wednesday.

Speaking through teleconference Alan Murdock said he needed an adjournment to his re-instatement appeal to speak to and hire a lawyer.

The former constable was terminated as unsuitable as a police officer on May 31, 2019.

Murdock told hearing officer Jay Watson that not only did he not receive total disclosure of the evidence against him until 11 days before hs appeal hearing that the amount of material the MJPS sent to him would overwhelm a lawyer. The last of the disclosure included a large file and a 43 person witness list set to testify for Chief Rick Bourassa against Murdock.

“Eleven days is nowhere near enough time to argue the statement of facts and prepare motions to exclude the vast amount of frivolous and unnecessary material they tried to overwhelm me with,” Murdock said in requesting a further adjournment.

Murdock said he was entitled under The Police Act to be legally represented and there is no requirement as to when he must hire a lawyer. Retaining legal counsel was his right at any time.

Speaking on behalf of Chief Rick Bourassa lawyer Destiny Gibney said the Chief had no problem with Murdock having a lawyer but the self represented former MJPS member could have had disclosure much earlier but had chosen not to.

Gibney claimed Murdock had been made well aware he would be receiving the full disclosure up to 11 days before the actual hearing. During this time she said Murdock had never mentioned he required a lawyer. Regarding the 43 person witness list Gibney further claimed there should be no surprises on it for Murdock.

Regarding an unnamed expert witness she said Murdock had been told he could question the witness in advance but never responded.

Gibney said although the hearing was originally scheduled for three weeks a shortened witness list meant only two weeks would be required for the hearing.

In his ruling Watson said Murdock did in fact have the right to retain legal counsel under The Police Act but Watson also expressed some concerns.

Watson was concerned with the fact Murdock did not seek legal counsel sooner in the process and there should not be any great surprises for Muirdock in the disclosure.

Watson granted an adjournment until September 8th to allow Murdock to speak to and secure legal counsel. If Murdock does retain a lawyer that individual will have up until September 3rd to apply for a further adjournment.