How an investigation into a cabinet minister started, after turmoil over police promotions

For a week, the rumours had consumed the top levels of the Royal Newfoundland Constabulary who was getting promoted in the top ranks of the provincial police force, and who wasn't.

The rumours about the promotionsturned out to be 100 per cent accurate. And top brass at the RNC had their suspicions why.

On March 11, RNC Chief Joe Boland was asked to meet with Premier Dwight Ball, where hewould discuss just that.

According to unsealed court records obtained by CBC News, Boland told Ball that a criminal investigation would be requested into one of his ministers, for an alleged breach of trust and breach of cabinet confidentiality. The RNC chief then advised the premier not to take any action, and to "proceed with business as usual."

The matter was turned over to the RCMP, and news of their investigation into Sherry Gambin-Walsh would not hit the public spotlight until more than three weeks later, after the Mounties executed a warrant to seize her cellphones and she was removed from cabinet.

In their submission to the judge to obtain the warrants, RCMP investigators said they believed Gambin-Walsh provided the cabinet papers to RNC officer Paul Didham, who then shared the information with other members of the force.

• Sherry Gambin-Walsh removed from provincial cabinet

Some 56 pages of RCMP court filings obtained by CBC News reveal what was going on in the hallways of Confederation Building and Royal Newfoundland Constabulary headquarters in the month before that news broke.

They outline turmoil at the RNC, as the details of pending promotions at the top levels of the force leaked after they were presented to the cabinet for approval.

Those who didn't get promotions expressed dismay to their colleagues. Those who did get promotions heard about them through the rumour mill, not official channels. Deputy Chief Paul Woodruff found out from the leak that he himself had been shuffled to a new position, in a lateral move.

In an audio recorded statement to RCMP investigators in late March, Boland said the situation had been "devastating for morale." He said it caused people to lose faith and trust in the process, and the leak caused severe and irreparable damage to the RNC and the provincial government.

Boland told the Mounties he met with the premier because he believed this could take down a minority government.

Suspicions quickly centred around an officer who had not been promoted then acting Insp. Paul Didham and his friendship with a cabinet minister who would have had access to the information.

In a recorded statement to RCMP investigators, Woodruff said Didham and Gambin-Walsh were friends from the same community.

The deputy chief said Didham told him that Gambin-Walsh had offered Didham a job at the Motor Registration Division, but he had turned it down.

About a year earlier, Woodruff said,Didham showed him a text from Gambin-Walsh informing him that the premier would be stepping down in the coming months.

On another occasion, Didham had informed Woodruff that Gambin-Walsh was texting Didham while being asked about traffic or cannabis issues during question period in the legislature, and Didham would text back what answers she should give. Woodruff described that to RCMP investigators as inappropriate and highly unusual.

All that information was in the document the Mounties provided to a judge to get the cellphone seizure warrants.

No charges laid after RCMP probe

In early September, the RCMP held a news conference to announce that no charges would be laid against Gambin-Walsh or Didham.

"While the investigation confirmed that the contents of a confidential cabinet document were shared, after reviewing all of the evidence and taking into consideration the elements required to obtain a conviction, the decision was made to not pursue criminal charges," said RCMP Sgt. Adam Palmer.

At the time, Palmer said nobody benefited from the situation. He noted outside prosecutors in Nova Scotia were consulted as part of the process that resulted in the decision.

• Sherry Gambin-Walsh will not face charges after RCMP investigation

In a statement at the time, Gambin-Walsh said she didn't know what was in the contents of the documents the RCMP used to obtain a search warrant for her phones.

"It is important for my constituents to know that at no time did I try to influence the RNC promotional process, nor allow my friendship with the officer to influence my actions," Gambin-Walsh said in a statement at the time.

"I want to thank those who stood by me through this investigation."

Soon after, Premier Andrew Furey said she would not return to cabinet, citing the RCMP's findings that she "broke cabinet confidence."

Gambin-Walsh remains in the Liberal caucus. She was the sole sitting Liberal MHA to face a nomination challenge for the next election, which she won.

Application filed to unseal records

Soon after Gambin-Walsh departed cabinet in early April, CBC News filed an application at provincial court to unseal documents the police used to convince a judge to issue the warrant.

At the time, the courts were operating under strict COVID-19 restrictions. A judge pushed the matter back until late June. As part of general pandemic-related delays, it was then bumped again, to early October.

• Senior RNC officer also subject of RCMP probe into former N.L. cabinet minister

Finally, this week after a review by Department of Justice lawyers to determine that the release of the documents would not breach cabinet confidentiality a judge ordered them unsealed.

Lawyers for Gambin-Walsh and Didham both consented to the release. So did the Crown representing public prosecutions.

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