Thursday, August 29, 1991
Witness in tears after name revealed at inquiryA woman who has worried for two years that her identity would be revealed broke down when a lawyer unwittingly used her first name during cross-examination at an inquiry.
The woman, identified only as Jane Doe was testifying at a provincial inquiry into the practices of the Metro police internal affairs unit. She has testified about her dealings with the department in the case of Constable Brian Whitehead.
Whitehead was arrested in the woman's apartment in November, 1989. He was originally charged with sexual assault and extortion, but these charges were never formally laid. Instead, he was demoted after pleading guilty to Police Act charges of corruption and deceit.
Throughout her testimony the woman has repeatedly said one of her main desires during the ordeal has been to remain anonymous. Eddie Greenspan, who represents the internal affairs unit, asked her if she had been indecisive about co-operating with internal affairs detectives.
"I had no choice... It was the only way I could get Constable Whitehead out of my life," she replied. Greenspan then began reading a transcript of a taped telephone conversation between the woman and her first lawyer, Peter Malony. Malony used her first name in that conversation. When Greenspan read her name out loud the woman began to sob. There was a stunned silence in the courtroom followed by a recess.
"I unwittingly read the name from the tape... I want to apologize to the witness," said Greenspan after the break. "I regret what has happened and I want to abandon any further cross-examination."
Greenspan's apology was accepted by the commission panel and by Dianne Martin, the woman's lawyer, who said he did not have to halt his cross-examination. Still, he did not continue.
Eddie Greenspan's brother, Brian Greenspan also came up in the woman's testimony yesterday. The woman retained Brian Greenspan in early 1990. The lawyer, who represents police Chief William McCormack in the inquiry, is not participating this week. Commission counsel Graydon Sheppard told the Star that Brian Greenspan has "unofficially" declared a conflict of interest in the Whitehead case. The woman said she asked Brian Greenspan to help her have criminal charges laid against Whitehead.
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