Victoria police misconduct fuels appeal for convicted drug dealer
A man who trafficked drugs in Victoria is trying to overturn his conviction by arguing the police officer who was a key witness at his trial cannot be trusted.
On Wednesday, news broke that charges were stayed in a separate case where three men were accused of trafficking millions of dollars in drugs. Those legal proceedings came to a halt after Crown prosecutors learned one of the officers “may have been involved in corrupt practice,” VicPD said in a news release.
The officer at the centre of both controversies is now-retired Victoria Police Const. Robb Ferris. He has not responded to a request for comment. This story will be updated if a response is received.
Ferris was arrested by the RCMP anti-corruption unit in June of 2020.
An investigation determined “19 findings of misconduct,” substantiating claims that Ferris shared details of investigations and covert operation techniques with his wife, mother and another civilian, according to a B.C. Court of Appeal decision by Justice Joyce DeWitt-Van Oosten.
Prior to Ferris’s arrest and suspension from the department, he was part of VicPD’s Strike Force, which focuses largely on fentanyl and firearms.
“My understanding is that there’s no other files currently before the courts that are being impacted as a result of Const. Ferris’s misconduct,” Victoria police Chief Del Manak said Wednesday.
That’s incorrect. CTV News has confirmed there’s at least one ongoing appeal, in which a drug trafficker is trying to overturn his conviction by questioning Ferris’s credibility.
‘A miscarriage of justice’
Ferris was part of an investigation that led to the 2017 arrest of Horst Schirmer, who was sentenced to six years behind bars for drug trafficking. Schirmer was convicted before Ferris’s alleged misconduct, which occurred between February 2020 and August 2021, DeWitt-Van Oosten wrote.
Schirmer’s lawyer said he has already served his time.
Police found the drugs that led to his conviction while executing a search warrant at a Victoria apartment in early 2017, according to an earlier decision from Dewitt-Van Oosten. A large supply was found in a safe.
The safe was opened by a key that Ferris had found while conducting a warranted search of Schirmer’s bedroom.
“Const. Ferris was the only witness who could link the … key that opened the safe to Mr. Schirmer’s bedroom,” DeWitt-Van Oosten wrote.
The appeal seeks to target the credibility of Ferris’s testimony about when and where he found the key, bolstered by the misconduct allegations that came years after Schirmer’s arrest.
“Mr. Schirmer alleges his conviction was the product of a miscarriage of justice,” his lawyer, Brent Anderson, told CTV News in an email.
“He was convicted largely on the strength of Const. Ferris's testimony. Mr. Schirmer is tendering fresh evidence on appeal that he says would have affected the assessment of Ferris's credibility and therefore the verdict if it had been available at trial.”
The appeal hearing is scheduled for early December.
‘People in jail that may get released’
A CTV News public safety analyst said all cases Ferris worked on are tainted.
“Every case that this officer has touched now, given the allegations against him, will be under a microscope and there’s people in jail that may get released as a result,” Chris Lewis said in an interview on Wednesday.
After Ferris was arrested, VicPD and the RCMP’s anti-corruption unit conducted an audit of all of his files, Manak said.
“I’m confident that was done appropriately,” Manak said.
The police chief said he’s disappointed cases have unravelled as a result of the misconduct.
“The outcome is far less than ideal and … I’m committed to making sure that we don’t make those mistakes again,” he said.
Schirmer’s lawyer said police officers are given extraordinary powers to uphold the law.
“When they engage in misconduct, they shatter the public's trust in the rule of law and in turn the public's confidence in the administration of justice,” Anderson said.
CTVNews.ca Top Stories
BREAKING Foreign meddling 'did not affect' overall federal election results: inquiry report
Foreign interference by China did not affect the overall results of the 2019 and 2021 general elections won by Justin Trudeau's Liberals, a commission of inquiry has found.
Police make arrests in killing of B.C. Sikh activist, source confirms
Police have made arrests in the killing of B.C. Sikh activist Hardeep Singh Nijjar, a senior government source has confirmed to CTV News.
WATCH LIVE Funeral today for broadcasting legend and voice of 'Hockey Night in Canada' Bob Cole
A funeral is being held today for hockey broadcasting legend Bob Cole in his hometown of St. John's, N.L.
Magnitude 4.8 earthquake recorded west of Vancouver Island
A 4.8-magnitude earthquake was reported west of Vancouver Island Thursday evening.
TD worst-case scenario more likely after drug money laundering allegations: analyst
TD Bank Group could be hit with more severe penalties than previously expected, says a banking analyst after a report that the investigation it faces in the U.S. is tied to laundering illicit fentanyl profits.
How falling for a stranger she met on a beach led this woman to ditch the U.S. for the French Riviera
Niki Benjamin, from the U.S., had travelled to a paradise island to do some soul searching, and her life ended up going in a very different direction when her dog ran up to a stranger.
Biscuits with possible plastic pieces, metal found in ground pork: Here are the recalls for this week
Here are the latest recalls Canadians should watch out for, according to Health Canada and the Canadian Food Inspection Agency.
Britney Spears 'home and safe' after paramedics responded to an incident at the Chateau Marmont, source tells CNN
A source close to singer Britney Spears tells CNN that the pop star is 'home and safe' after she had a 'major fight' with her boyfriend on Wednesday night at the Chateau Marmont in West Hollywood.
Supreme Court orders new trial for B.C. francophone who was not given French option
The Supreme Court is ordering a new trial for a francophone man in British Columbia who says he was not informed of his right to have a trial in the official language of his choice.