GUELPH – An independent investigator has found an OPP officer was in the wrong when he searched the memory card of a camera belonging to a Guelph Today reporter at the scene of a fatal accident in Guelph last December.
But he was not wrong to detain the reporter and take the camera as he believed he was acting on the coroner’s instructions.
And while his conversation with reporter Richard Vivian was heated and argumentative, Constable Karl Borgmann’s comments “do not rise to the level of misconduct,” states the public investigation report by Randy Martin, a civilian investigator with the OPP Professional Standards Unit.
The report, issued June 7, is in response to a complaint by Tony Saxon, editor at Guelph Today, after an incident involving Vivian and Borgmann at the scene of a fatal accident on Dec. 20.
Vivian arrived at the intersection of the Hanlon Expressway and College Avenue, approached on foot as the road was closed and proceeded to take photos while waiting to speak to police about the accident.
According to the report, Borgmann saw Vivian, took his camera and Vivian was briefly detained at the scene.
Borgmann scrolled through the camera’s memory card and then took the camera to the coroner on scene, Dr. Paul Mendonca, who consulted with a supervisor about the seizure and issued a coroner’s warrant for the SD card.
The camera was returned to Vivian and the SD card was returned the next day.
In his complaint, Saxon alleged Borgmann unnecessarily and unlawfully detained Vivian, who was lawfully engaged in his profession.
Vivian had an audio recording of his exchange with Borgmann, which was used in the investigation.
The investigator also conducted interviews and consulted notes of other officers who witnessed the exchange.
The report notes some inconsistencies between accounts of officers and particularly of the coroner, Mendonca.
Borgmann believed the coroner had given instructions to seize any camera being used at the accident scene.
“Dr. Mendonca then reiterated that if they saw anyone with a camera, he wanted that camera. This direction to seize cameras stood out in (Borgmann’s) mind as unusual … He had been to numerous death scenes with coroners and had never heard a coroner ask for any cameras being used to be seized before,” stated Borgmann’s account in the report.
However, in an interview with the investigator, Mendonca told a different story.
According to the report, Mendonca stated he did not recall relaying such instructions and he “certainly did not direct anyone to get a reporter’s camera.”
According to Vivian’s recording of the exchange as stated in the report, Borgmann made unsavoury comments to Vivian.
“PC Borgmann made a comment about having a sense of decency and stated, “The family does not know yet. And you’re gonna come in here, take pictures and post your story before the family knows somebody’s deceased. That’s disgusting.”
Because he didn’t use any profanities, “Borgmann’s comments do not rise to the level of misconduct,” the report states.
“But his interactions with Mr. Vivian should be addressed at the detachment level through the provisions of performance management.”
Officials at Village Media, which operates Guelph Today, did not respond to requests for comment from the Advertiser.
But in a story on Guelph Today, Saxon reportedly said, “We are pleased that the investigation confirms that the officer was in the wrong and overstepped his boundaries in confiscating a reporter’s equipment while covering a news event and will be held accountable, to some degree, for that misconduct.
“Reporters doing their jobs should be treated professionally and respectfully. Richard Vivian was not. We still contend there was no need to confiscate his camera or detain him.”
Similar incident
A Wellington Advertiser reporter had a similar run-in with the same OPP officer at a fatal accident scene on Dec. 29 – just nine days following the Vivian incident – on Highway 6 between Fergus and Guelph.
Borgmann did not take the reporter’s camera or memory card, but gave a long lecture about values and morals and what reporters are and are not allowed to do at an accident scene.
Reporter Robin George had an interview with the same civilian investigator about their experience with Borgmann.
The Advertiser did not lodge a formal complaint however, and was recently told by OPP media relations coordinator Derek Rogers that there will be no report on this matter.
“As this is an internal process, the outcome of this investigation will remain confidential, as required by … the Police Services Act,” Rogers stated in an email.
