Crown asks to drop 2 charges against Bakema

The Crown has asked a Winnipeg judge in the case against former East St. Paul police chief Harry Bakema to droptwo of six perjury charges he faces.

The judgeheard final submissions on ThursdayinBakema's trial, whichbegan hearing testimony April 30 in Winnipeg.

The judge has reserved his decision, which is not expected until early summer.

The Crown says there is simply not enough evidence to supporttwo of the perjury chargesbut insists there is enough evidence to convict Bakema of the otherfour as well as the charges of obstructing justice and breach of trust.

Bakema led the East St. Paul police force when Crystal Tamanwas killed on Feb. 25, 2005.

Taman's car was rear-ended by a vehicle being driven by Derek Harvey-Zenk, who at the time was an officer with the Winnipeg Police Service.

Harvey-Zenk originally faced several charges, but a controversial plea bargain led to all the charges except for one count of dangerous driving causing death being stayed.

He received a conditional sentence of two years less a day to be served at home. He has since turned in his police badge.

Harvey-Zenk's plea bargain and sentence sparked public outrage and prompted the Manitoba government to hold an inquiry in 2008 into Taman's death.

Court heard during the trial that Bakema and Harvey-Zenk knew each other when they were both Winnipeg police officers based in the city's North End.

The Crown says Bakema knew Harvey-Zenk had been at an all night party the night before he smashed into Taman's car, and thathe also knewHarvey-Zenk had been drinking.

The Crown says evidence of that comes from a senior Winnipeg police officer who testifiedBakema phoned her on the morning of the crash and gave her those details.

However, a botched investigation by police, part of which was done by Bakema, led to the plea bargain.

Bakema was charged in 2010, following a lengthy external investigation into how the East St. Paul police force handled the probe into the death of Taman, a 40-year-old mother of three.

The lawyer who led the inquiry called what happened a "colossal failure of justice."

He said interviews conducted with Harvey-Zenk's police colleagues, who had been partying with him that night, were not done properly.

And Bakema's testimony at the inquirywas contradictory and lacked credibility, the lawyer said at that time, notinghealtered his notes, suppressed evidence and revised history.

On Thursday, defence lawyer Hymie Weinstein told the court that Bakema never obstructed justice in his handling of the Harvey-Zenk case, nor did he intend to obstruct justice.

Weinstein said plenty of mistakes were made during the investigation by several East St. Paul police members, but they were not criminally motivated.

"What was heard in this courtroom should be considered here," Weinstein told the court.

"This is not a court of public opinion. Decisions here must be based on evidence."

In the wake of the inquiry's findings, the province disbanded the East St. Paul police force and hired the RCMP to police the area, which is just north of Winnipeg.

Bakema, who has since retired from police work, is the only person to face criminal charges following the inquiry.