On Wednesday, May 28, 2014, the Winnipeg Police Service announced the arrest of Sergeant Kenneth Molloy (47) regarding Assault & Obstruct Justice charges connected to an off duty incident.
Police indicate the Professional Standards Unit began the investigation in September of 2013.
The charges were laid in consultation with representatives from Manitoba Justice.
Police insiders indicate the charges arose after Molloy became involved in a physical confrontation with a man and woman during a Winnipeg Blue Bomber game that took place on August 16, 2013. It appears Molloy made an official Police report after the incident and charges were subsequently laid against the man and woman. Those charges were recently stayed by the Crown. Molloy now stands accused of assaulting the twenty-six (26) year old woman.
Winnipeg Free Press crime reporter James Turner revealed the Obstruct Justice charge was laid after Police allege Molloy viewed a photograph of one of the suspects before being shown an official photo pack by investigators.
Molloy is a twenty-four (24) year veteran of the Police Service who specializes in Commercial Crime investigations.
Turner reports Molloy was inducted as a member of the Order of Merit of the Police Forces in 2007 and that he holds a MBA from the University of Manitoba.
Molloy was released on a Promise to Appear and has been assigned to administrative duties.
If convicted, Molloy may be subjected to a period of incarceration, fine, loss of employment or some other form of punishment.
He is presumed innocent until proven guilty.
Photo Pack Identifications;
Photo packs are used by criminal investigators to assist with establishing the identity of a suspect in an investigation. In Winnipeg, procedures dictate photo packs must contain the photograph of a potential suspect and nine (9) other generic photographs of uninvolved individuals. The suspect’s photo is then combined with the others and shown to a witness or victim. The suspect’s photograph is normally placed somewhere in the middle of the photo pack.
The purpose of showing the photo pack is to establish the identity of the suspect so that a criminal charge can be laid. The failure to select the correct photograph can have a devastating impact on an investigation or subsequent prosecution.
When off duty Police Officers are victim’s of crime they are treated like any other witness when they are shown a photo pack.
In this case, the allegation suggests Molloy essentially “cheated” by viewing the suspect’s photograph before being presented the photo pack. If the allegations are true, Molloy’s actions undermine his own integrity, the integrity of the investigation and the integrity of the administration of Justice.
Hence the charge of Obstruct Justice.
139. Obstructing justice – Criminal Code of Canada
(1) Every one who wilfully attempts in any manner to obstruct, pervert or defeat the course of justice in a judicial proceeding,
(a) by indemnifying or agreeing to indemnify a surety, in any way and either in whole or in part, or
(b) where he is a surety, by accepting or agreeing to accept a fee or any form of indemnity whether in whole or in part from or in respect of a person who is released or is to be released from custody,
is guilty of
(c) an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(d) an offence punishable on summary conviction.
(2) Every one who wilfully attempts in any manner other than a manner described in subsection (1) to obstruct, pervert or defeat the course of justice is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
(3) Without restricting the generality of subsection (2), every one shall be deemed wilfully to attempt to obstruct, pervert or defeat the course of justice who in a judicial proceeding, existing or proposed,
(a) dissuades or attempts to dissuade a person by threats, bribes or other corrupt means from giving evidence;
(b) influences or attempts to influence by threats, bribes or other corrupt means a person in his conduct as a juror; or
(c) accepts or obtains, agrees to accept or attempts to obtain a bribe or other corrupt consideration to abstain from giving evidence, or to do or to refrain from doing anything as a juror.