| This article is part of an ongoing series documenting the criminal trials of former high-ranking members of the Thunder Bay Police Service. Here’s what we know so far: Background Ex-Thunder Bay police chief facing jail time for “HomeSense Investigation” Trial of TBPS lawyer Holly Walbourne • 4/13: Morriseau testifies against Walbourne • 4/14: Walbourne defense seeks clarity: “This is uncharted” • 4/14: Private notebook teased in first day of deputy chiefs testimony • 4/15: Deputy chief’s testimony builds timeline of events • 4/17: Court hears probe into Dimini message • 4/17: Crown rests, HomeSense memos enter court • 4/21: Crown, defence present submissions, decision coming Friday • 4/24: Walbourne not guilty: acquitted on all counts The trial of TBPS police chief Sylvie Hauth is scheduled for May 5 |
Former Thunder Bay Police Service legal counsel Holly Walbourne has been found not guilty of obstruction of justice or breach of trust.
Justice Robert Goldstein did not find reason to believe Walbourne was intentionally lying to an OCPC investigator about her knowledge of a criminal “HomeSense Investigation” into a police board chair. Her other charges stemming from a confidential memo to the police board about the HomeSense Investigation have been withdrawn.
“I think [Holly] will take some time to put her life back together,” said defense lawyer Frank Addario. “This has been really oppressive for her (…) having a criminal charge hang over your head for two years is really hard.”
Goldstein asserted that a statement being incorrect is not enough on its own to attract criminal liability. He said the Crown did not prove intent to deceive with any misrepresented dates and events in Walbourne’s meetings with the OCPC.
The defense’s claim that all parties were “talking past each other” in the November 30 three-way phone call between Walbourne, Deputy Chief Ryan Hughes and then-Police Chief Sylvie Hauth was corroborated by the judge.
This meeting was integral to the Crown’s case, as the prosecution claimed that was when Walbourne was briefed that a criminal investigation into then-TBPS board chair Georjann Morriseau was underway (Hughes had initiated a criminal investigation into Morriseau on November 23, a week before the call).
Former TBPS board chair Georjann Morriseau (right) and former police chief Sylvie Hauth (left) (file photo)
Walbourne told the OCPC that she was aware a criminal investigation was “on the table” after that call, but not that it was underway nor that a production order was ordered for Morriseau’s phone.
Justice Goldstein acknowledges Walbourne was mistaken in suggesting a production order had not been mentioned, but he notes that Walbourne never stated the issue was not discussed, only that she could not recall it—much like Hughes, who testified that he could not recall outside legal advice being raised on the call, even though it was in fact discussed.
“Obviously, the senior command (of the TBPS) didn’t fully understand the use of the criminal code to investigate regulatory offences, and that’s pretty basic,” Addario said. “As to the state of policing (in Thunder Bay) (…) there have been a lot of outsiders investigating the Thunder Bay Police for many years.”
Former police chief Sylvie Hauth faces similar charges from the same HomeSense Investigation. She is scheduled to stand trial on May 5.
