An ongoing investigation into the alleged conduct of Victoria’s embattled police chief has “irreparably tarnished” and effectively ended his policing career, according to a sworn affidavit obtained by CTV News.
Chief Frank Elsner has filed a petition in court to stop the external probe launched by the Police Complaint Commissioner after he admitted to exchanging “inappropriate” messages with the wife of a subordinate officer last year.
The 13-page affidavit lays out Elsner’s case and gives his perspective on how an internal police board probe into the exchanges unfolded.
He said he was initially approached by police board co-chairs Esquimalt Mayor Barb Desjardins and Victoria Mayor Lisa Helps over allegations he was having an affair with the officer’s wife, and told them it was untrue.
He later was contacted by the officer and they met to discuss the allegations. Elsner said the officer later told the mayors he did not want to pursue an investigation.
He said he agreed to an internal probe by an independent investigator and was told the matter would remain confidential.
The findings and conclusions contained in the resulting report were “fundamentally flawed,” Elsner said in the affidavit.
“I was also concerned that there were flaws in the process, including the fact that I was not given an opportunity to respond to substance of the preliminary report,” he said. “I expressed some of those concerns to Mayor Desjardins and Mayor Helps. Both Mayor Desjardins and Mayor Helps asked me to accept their decision so we could get back to the great work we were doing in the community.”
Regarding media inquiries into his alleged conduct, Elsner said he didn’t want to speak to reporters on Dec. 6, when he apologized for the messages.
“I did not want to speak to the media but I felt it was necessary to get the truth out by denying the report. I was also contacted by Mayor Helps who requested that I make a statement denying the false report that I was having an affair,” he said. “On that basis, I made the decision to speak with the media later that day.”
But that decision was made before Elsner knew the OPCC was going to launch an external probe, he said.
“I can say without hesitation that I never would have spoken to the media and released a statement had I known that the Police Complaint Commissioner had the authority to commence another investigation into the same allegations,” he said.
Elsner worries the ordeal will have a lasting negative impact on his life.
“I strongly believe my reputation has been irreparably tarnished and my career in policing is over, regardless of the outcome of the investigation,” he said. “I have experienced a significant amount of stress and anxiety as a result of the external investigation. I feel humiliated by the publicity surrounding these matters.”
His petition to halt the external probe argues the OPCC had no authority to order the second investigation, saying it amounts to an “abuse of process.”
Elsner’s lawyer declined to comment on the matter when contacted by CTV News.
None of the allegations involving Chief Elsner have been tested or proven in court.
Affidavit of Victoria Police Chief Frank Elsner