Court of Appeal rules that arson comment was a threat

Arson comment a threat, top court rules

WINNIPEG - A Winnipeg man committed a criminal act when he made a remark about burning down the home of a Crown attorney he’d already been convicted of threatening, Manitoba’s highest court has ruled.

Patrick Noble, 29, claims he was unfairly found guilty of harassment last year and should have the case dismissed. But Appeal Court Justice Richard Chartier said Wednesday the trial judge properly applied the law, especially considering Noble never took the stand to offer up any alternative explanation for what he said.

"In the absence of an explanation...it was open to a trial judge to infer from the proven facts that the words uttered by the accused were meant to be taken seriously or to intimidate the complainant," Chartier wrote in the decision.

Noble’s troubles began in March 2007, when he was given five years in prison for armed robbery. He phoned the Crown attorney later in the day, threatened to kill her and told her she had messed with the wrong guy. A few days later Noble, who was in Headingley jail, threatened to kill the prosecutor again during a telephone conversation with his mother.

It was around the same time the prosecutor was victimized in a violent home invasion that shocked the legal community. In a subsequent jailhouse interview with the Free Press, Noble suggested that he might have been involved with the home invasion and that he knew the men who were arrested. However, he was never charged by police.

At his July 2007 sentencing hearing for the phone threats, defence lawyer Mike Cook said the timing of his client’s threat and the home invasion was merely a coincidence. At that time, a contrite Noble told the court he was angry when he made the initial threats and now realized that the prosecutor was just "doing her job." He apologized to her and the court and was given two years in prison.

Defence lawyer Mike Cook said his client was determined to turn his life around and had plans to become a carpenter. But it was just hours later that Noble told a pair of sheriff’s officers, "I guess we know whose house is going to burn down," as he was being escorted from the downtown Law Courts back to Headingley jail.

One of the officers testified Noble also warned them on the way back to jail to "make sure you have a subscription to tomorrow’s newspaper."

Noble later said, "Just kidding" after the arson remark, but officers weren’t laughing.

Noble was convicted of that incident last year and given an additional one year behind bars.

"This was not just an attack on the individual, but an attack on the administration of justice as a whole," said Queen’s Bench Justice Colleen Suche.
Noble was convicted for uttering the arson remark last year and given an additional year behind bars.

I would like to know more about the accused's background and mitigating circumstances of the case. He did make a threat, which definitely poses a danger to the Crown in this case and therefore, prison time was appropriate. 

Man with numerous probation breaches, given another chance at freedom

Man "likely to kill" but gets release -- Psychiatrist's opinion, Judge's reservations, breached conditions not enough to detain him

A Harvard-educated Winnipeg businessman with a history of terrorizing his estranged family is back on the streets, despite a psychiatrist's opinion he is "likely to kill."

The man -- who the Free Press is not naming to protect the identity of his victims -- was arrested last week for allegedly breaching conditions of his bail and probation orders.

Provincial court Judge Ray Wyant agreed to release him back into the community despite expressing serious concerns.

"There are a lot of things... that raise a lot of red flags for me," Wyant said in a hearing that wasn't covered by a publication ban.

Crown attorney Terry McComb argued the man, who is in his 30s, should remain behind bars. He spent nearly an hour going through extensive details of the man's troubling behaviour. He has been diagnosed with a narcissistic personality disorder and has made repeated threats to go on a deadly shooting spree against those he believes wronged him.

"He speaks of himself as being a ticking time bomb," McComb told the judge.

"He speaks of having a holy war, of having another Columbine or Virginia Tech" (massacre).

The man pleaded guilty in a Kenora courtroom last year to holding his parents hostage for several hours inside their Lake of the Woods cottage. He was under both a bail order and a restraining order to have no contact with them at the time of the 2007 incident, court was told.

The man, who has both Canadian and American citizenship, chartered a boat on the U.S. side of the lake, used a bogus name to get through customs then broke into the cottage, armed with an aluminum bat.

He ordered his parents to sit on a couch, saying "I could kill you both right now."

He blamed them for problems with his business interests and difficulties he had with his ex-wife and her family, who are also prominent Winnipeg business owners. He was also angry at not being allowed to see his children without supervision, court was told.

"Ultimately his parents were able to talk to him, to calm him down and he said he couldn't kill them," McComb said.

The man admitted to charges of criminal harassment, unlawful confinement, uttering threats, assault with a weapon and numerous breaches. He was given time in custody and two years of probation, which would be monitored by Manitoba's high-risk offender unit.

He still faces two charges of uttering threats from 2007. Those involve allegations he said he would kill his parents, his ex-wife and several members of her family during telephone conversations. He claimed he had "bought a .45 from a black man" and was prepared to use it.

"He said this would be all over the news, that he was incapable of surrender. He said 'I'll fight to the death. This is war. It will go down in blood. I don't care if I go out in a hail of bullets,' " McComb told the judge.

The man's trial on those charges is set for this fall. He's free on bail, and his conditions include a nightly curfew and non-contact order. He has reluctantly attended court-ordered counselling but has shown little interest in taking responsibility, court was told.

Last month, he told his psychiatrist he would no longer participate in conversations and would instead do yoga during future sessions.

"He apparently feels the whole system should bend to him. He doesn't appreciate how serious this is," McComb said.

"(The psychiatrist) does indicate he believes... he is likely to kill."

Police arrested the man last week after probation officials conducted four curfew checks in which he didn't answer his telephone at the Pembina Highway hotel where he lives with his new girlfriend, court was told.

The man took issue with his arrest during his bail hearing, in which he acted as his own lawyer. He said he was inside his room, as required, but never heard the phone ring.

"I haven't breached. I don't take my release lightly. My freedom is very important to me," he said. The man blasted the Crown, police and probation officials for targeting him.

"The system keeps screwing me," he said. "I'm hearing a lot about a monster. That person I don't recognize as myself. I'm trying to work towards peace and reconciliation. I do not have any major mental problems. I'm not capable of doing these things that people said I could do. I'm not a danger to society."

The man spoke for nearly 30 minutes straight, pleading with Wyant to give him another shot at freedom. He bragged about his many accomplishments, from his education at a prestigious U.S. college and winning a Winnipeg business award, to dominating the competition during weeknight floor hockey games at a Winnipeg church.

"I'm the top scorer, by the way. But that sounds narcissistic, so I won't say that," he told the judge. The man also compared his plight to that of Mahatma Gandhi and Martin Luther King Jr.

"I'm a guy who's been dealt a bad break by his family," he said.

Wyant chastised the man for his "me, me, me" attitude, noting he has already been convicted of serious criminal charges. However, he agreed to give the man one more shot at bail, warning any further breaches would likely result in a lengthy stay in jail.

"The authorities are going to be watching your every move," he said.

First of all, the headline is very biased. You can immediately know the author's opinion (that he feels this man should be held in custody) from the way he puts the psychiatrist's opinion as if it were a fact, in the headline. News stories are supposed to be unbiased. It is also biased in the fact that fails to state anything about the accused's background life, which may be a mitigating factor, or any other mitigating factors. 

I agree with the decision to release this man on bail. He is a successful university graduate and businessman who suffers from a personality disorder, which needs to be treated. That cannot happen in jail. His condition would likely only worsen. I agree with the bail but also feel this man should have to adhere to very strict conditions, including attending counseling and treatment. 

This man missed 4 phone calls. It doesn't mean he breached his curfew. That's not even a serious violation. He has been on bail without breaching for 3 years so the Judge obviously considered the fact that he does appear to abide by his court orders. The breach of probation charge could be something simple and not serious such as failing to keep the peace. It could be a simple mistake. Just because he breached his bail and probation doesn't mean he is any more dangerous. It doesn't mean that because he breached his bail and probation that he's alleged to have committed two separate offences. Failing to keep the peace is a breach that an officer lays any time someone on probation picks up a new charge. 

In addition, he has previously only expressed aggression and anger towards family members and relatives, not anyone from the general public, so I do not think he would be a danger to the public. 

Poor Conduct isn't enough as harassment is difficult to prove

Poor conduct isn't enough; harassment tough to prove

Harassment is one of the most difficult charges to prove, an offence so vague it is specifically designed to be open to interpretation.

What may be annoying and trivial to one person may be frightening and criminal to another.

The charge of harassment was put on rare public display this month in the case of a Manitoba RCMP officer accused of making life miserable for his ex-girlfriend, a provincial Crown attorney, by sending her hundreds of angry emails, text messages and phone calls after their relationship ended in 2008.

Provincial court Judge Christine Harapiak acquitted Cpl. Jeff Moyse on Thursday, saying she didn't believe Debbie Buors was scared because Buors never specifically said she was fearful of Moyse during her testimony.

University of Manitoba law Prof. Karen Busby said the high-profile trial highlights the unique nature of harassment. Unlike most other offences usually based on specific acts, harassment is in the eye of the beholder. The alleged victim must prove legitimate concerns for safety -- and a judge must find that fear was logical.

"The charge isn't meant to punish bad behaviour in relationships... of which we've probably all been guilty or known someone who's been guilty," Busby said Friday. She watched the trial from a distance, but wasn't surprised by the verdict. The judge said the evidence showed both Moyse and Buors were frequently communicating with each other, with much of the communication pleasant. The judge said there were times both showed poor judgment in comments made to each other. Buors also admitted to refusing to give Moyse back some of his personal property.

"One of the elements in proving harassment is showing the contact was unwanted. You also have to establish the accused knows the contact is unwanted," Busby said.

"The (victim) would know the (harasser), know what they're capable of," she said. Cases of domestic violence frequently result in charges such as uttering threats and assault, following clear-cut incidents. Busby said many people also apply for protection orders against their former partners, requiring them to stay away.

"The civil order works in the way of saying, 'Buddy, you've gone too far,' " Busby said. "I think a lot of people get that message. It's a safety valve, which is a good thing."

Barbara Judt, the executive director of Osborne House, supports the harassment law as it exists, but said women often have a tough time admitting fear.

"Many women may be afraid to come forward. They just tend to take it. They begin to believe they deserve it, that they don't deserve any better," she said.

Judt believes those who do seek help are getting plenty of support from the justice system.

"We see a lot of people who get a protection order and, once it's in place, that ends it. I don't think very often our clients are refused an order when they seek it," she said.

Harapiak acknowledged the challenge of proving harassment. "Criminal harassment consists of a series of behaviours, which, taken on their own, are legal. It is the knowledge of the harassment, and the causation of fear, that lifts these behaviours out of the ordinary and into the criminal realm.

"It is important in these cases to take a hard look at the facts and be certain not to criminalize inappropriate and insensitive behaviour."

Following Thursday's acquittal, special prosecutor Ryan Rolston asked for a protection order to be issued against Moyse. Defence lawyer Gene Zazelenchuk said his client would then want one against Buors. Harapiak declined, saying she didn't believe there were grounds for either side.

Outside court, Moyse suggested the charge wouldn't have gone to trial if he and Buors didn't work in the justice system. Rolston said the decision to prosecute Moyse wasn't malicious. Buors declined to comment.

www.mikeoncrime.com

Notable quotes:

Moyse, in an angry message left for Buors:

"I hope you get everything you deserve."

"Careful how you treat me. Think hard about what I know. Watch your tone."

"Quit hiding in your cyberworld. Just wait until we meet face to face."

Buors, in an angry email left for Moyse one day before she showed up unannounced at his RCMP station and he refused to let her in:

"I am putting you on notice if you contact me via email, text or phone or in any other manner one more time, I will get a restraining order against you or institute criminal harassment charges since you have been repeatedly told to leave me alone. I will not tolerate your abuse any further. Govern yourself accordingly."

Judge Christine Harapiak

"I am not convinced Ms. Buors was either criminally harassed or afraid for her personal safety."

"In this case, where communication between the parties is only partially reproduced for the court, and there is some evidence that the mean, petty and unco-operative conduct was two-sided, I am not prepared to find threatening conduct on the basis of the evidence before me."

"People occasionally behave badly when relationships break down. The Crown has asked that I infer threatening conduct from some of the language that Moyse used in text and email messaging. I am not prepared to do that."

"Moyse behaved badly, was rude and nasty and petulant. He threw virtual temper tantrums by emails and text message when he was ignored. Buors, however, was ignoring him. He has a legitimate reason to contact her for return of his goods and she was being unco-operative with him, and that left him feeling 'frustrated and exasperated,' as he so often noted during his testimony."

Excellent and well written article by Mike McIntyre! Interesting to read the quotes at the end. I agree with the verdict of acquittal as criminal harassment is extremely hard to prove and I also didn't see any evidence that she was fearful of him. 

Officer cleared of criminal harassment against Crown attorney

Relationship still under scrutiny

THE criminal trial may be over, but the former romance between a Manitoba RCMP officer and a Crown attorney remains under a judicial microscope.

Provincial justice officials announced an independent review in January of a deadly driving case Cpl. Jeff Moyse investigated and Debbie Buors prosecuted last year.

In the case, all impaired driving charges were dropped despite strong evidence the driver had been drinking when he struck and killed a 12-year-old boy on a darkened highway near Sagkeeng First Nation in 2006.

Moyse was the on-duty breath technician and has publicly questioned why Buors never called him to testify at the preliminary hearing.

The trial judge cited problems with the way another RCMP officer questioned the driver at the scene of the fatal crash -- and his lack of detailed notes -- as grounds for an illegal breathalyzer demand.

Moyse believes he may have been able to salvage the case if put on the witness stand. Buors, and senior management in the justice department, have told the Free Press her relationship with Moyse played no role in how she handled the case. Moyse also has an outstanding civil lawsuit against Buors for nearly $4,000 in cash and property he claims she owes him. His mother has also filed for a protection order against Buors, claiming she threatened her last spring. Court hearings are set for both matters later this year.

Officer cleared of harassment

Judge rules no crime committed despite actions against Crown lawyer 

SELKIRK -- He filled her voice mail with angry rants, flooded her computer and cellphone with profane messages and ignored her requests to stay out of her life.

Yet a Manitoba RCMP officer committed no crime by the "irritating, unwelcome" way he handled the end of his rocky relationship with provincial Crown attorney Debbie Buors, a judge ruled Thursday.

Cpl. Jeff Moyse was found not guilty of criminal harassment in a high-profile case that put their brief romance -- and its possible impact on the administration of justice -- on trial.

"I am not convinced Ms. Buors was either criminally harassed or afraid for her personal safety," said provincial court Judge Christine Harapiak in summarizing a week of evidence heard earlier this month. "In this case, where communication between the parties is only partially reproduced for the court, and there is some evidence that the mean, petty and unco-operative conduct was two-sided, I am not prepared to find threatening conduct on the basis of the evidence before me."

The judge had strong words for both Moyse and Buors in allowing their personal troubles to be put on public display. That included an embarrassing March 2009 incident at the Powerview RCMP detachment in which Buors showed up to interview two victims for upcoming trials and Moyse refused to allow her into the building.

"It is not unusual, in the busy lives of professionals, to date someone you meet at work. The impact of your personal relationship on your professional life must be considered, of course, and adjustments made," Harapiak said Thursday. "Any breakdown in the relationship must be managed with a high degree of personal discretion and care; even more so when the parties are primary actors in the criminal justice system. That care does not seem to have been taken here."

Harapiak said Moyse had good reason to be defensive during the police station incident, considering Buors had sent him an email the previous day saying she was putting Moyse "on notice" she would seek a restraining order and/or criminal charges if he had any contact with her.

Criminal harassment is one of the most difficult Criminal Code offences to prove because it is usually not about a single act or incident. In this case, Moyse was not accused of actually threatening, following or stalking Buors. Buors testified Moyse wouldn't accept the end of their eight-month relationship in December 2008 and flooded her with hundreds of unwanted phone calls, emails and text messages. Many of the communications were read in court, including the transcript of two obscenity-filled phone messages he allegedly left for Buors two days after her father died suddenly. In a text message, Moyse allegedly told Buors she had pushed him as far as she could and "I hope you get everything you deserve." In another, Moyse is accused of telling Buors "Careful how you treat me. Think hard about what I know. Watch your tone." He also tells Buors to "quit hiding in your cyberworld. Just wait until we meet face to face."

Moyse testified in his own defence and accused Buors of trying to goad him into a confrontation. Defence lawyer Gene Zazelenchuk accused Buors of frequently sending "mixed messages" to Moyse by contacting him days after claiming she didn't want to speak with him again.

Buors sister, Catherine, testified how Moyse called her in December 2008, claiming Buors was a "crazy lady" who might harm herself following an argument with her teenaged son. Buors then phoned her sister an hour later, screaming Moyse had broken into her house and was holding her arms behind her back. Moyse told court he used a key to get into the home because he was concerned for Buors. He said he found her hiding under her covers following an argument with her teenaged son. He said Buors screamed at him when he offered to help.

Police were never called and no charges filed for that incident. The couple then spoke for seven hours on the phone the next day, with both telling court it was "pleasant."

"People occasionally behave badly when relationships break down. The Crown has asked that I infer threatening conduct from some of the language that Moyse used in text and email messaging. I am not prepared to do that," said Harapiak. "Moyse behaved badly, was rude and nasty and petulant. He threw virtual temper tantrums by emails and text message when he was ignored. Buors, however, was ignoring him. He has a legitimate reason to contact her for return of his goods and she was being unco-operative with him, and that left him feeling 'frustrated and exasperated,' as he so often noted during his testimony."

I agree with the Judge and Moyse's lawyer in this case. There is not enough evidence to prove that she felt afraid or threatened. I think it was the right decision to acquit the officer. She was also sending him mixed messages. 

Great article by Mike McIntyre, once again though. Enjoyed the quotes and use of language. :)  

RCMP officer found not guilty in harassment case

RCMP officer found not guilty in criminal harassment case

SELKIRK -- A Manitoba RCMP officer has been found not guilty of criminal harassment against his ex-girlfriend, a provincial Crown attorney.

Cpl. Jeff Moyse learned his fate Thursday morning following a week-long trial earlier this month.

Provincial court Judge Christine Harapiak said there was no evidence to suggest Debbie Buors was ever fearful of Moyse, which is required to prove the charge of harassment.

Buors previously testified Moyse wouldn't accept the end of their eight-month relationship in December 2008 and flooded her with hundreds of unwanted phone calls, emails and text messages. Many of the communications were read in court, including the transcript of two obscenity-filled phone messages he allegedly left for Buors two days after her father died suddenly.

Buors' friend, prosecutor Lisa Carson, said she transcribed the calls verbatim and found them threatening. Moyse claims he has "no memory" of making the calls, which were not permanently recorded.

In a text message, Moyse allegedly told Buors she had pushed him as far as she could and "I hope you get everything you deserve." In another, Moyse is accused of telling Buors "Careful how you treat me. Think hard about what I know. Watch your tone." He also tells Buors to "quit hiding in your cyberworld. Just wait until we meet face to face."

Special prosecutor Ryan Rolston argued Moyse was trying to frighten and intimidate Buors, who finally sent an email on March 11 saying she was putting Moyse "on notice" she would seek a restraining order and/or criminal charges if he had any contact with her.

But defence lawyer Gene Zazelenchuk noted Buors appeared at the Powerview RCMP detachment on March 12 to interview two victims of crime. Moyse initially refused to let her in the building, causing a big scene.

Zazelenchuk claims Buors was "baiting the bear" and would frequently send "mixed messages" to Moyse by contacting him days after claiming she didn't want to speak with him again.

Moyse testified in his own defence and accused Buors of trying to goad him into a confrontation. Moyse said he believes Buors was trying to "set up something physical" so she could build a criminal case against him.

Mountie not guilty
Woman didn't fear for her safety, Judge rules

SELKIRK — A judge has acquitted an RCMP corporal of criminally harassing his ex-girlfriend, a Winnipeg Crown attorney, saying she was not satisfied the woman feared for her safety.
But Judge Christine Harapiak had some critical words for both Jeff Moyse and Debbie Buors and how they handled their bitter breakup.
“It is not unusual ... to date someone you meet at work,” Harapiak said. “Any breakdown in the relationship must be managed with a high degree of personal discretion and care; even more so when the parties are primary actors in the criminal justice system. That care does not seem to have been taken here.”
Moyse, 40, smiled and hugged his lawyer following Harapiak’s ruling.
Harapiak said Moyse’s actions were at times mean and childish — including a vitriolic, curse-filled voicemail delivered days after the death of Buors’ father — but not criminal.
“People occasionally behave badly when relationships break down,” Harapiak said. “I am of the view that Mr. Moyse behaved very badly and created unnecessary stress for Ms. Buors at a very difficult point in her life. I am not convinced a criminal offence has occurred, however.”
Court heard Buors lost both of her parents within a year of each other and was having serious family problems during her relationship with Moyse.
Earlier this month, Buors testified she tried several times to break off her nine-month romance with Moyse, only to have him bombard her with unwanted — and often angry — phone calls, e-mails and text messages. During one 24-hour period, Moyse called or texted Buors 70 times.
Harapiak said Buors showed no signs of fearing Moyse, a key component for criminal harassment.
In March 2009, Buors threatened Moyse with a restraining order and then visited his workplace the next day to interview trial witnesses. Moyse tried to bar Buors from entering the Powerview detachment office in March 2009, resulting in an angry confrontation.
Harapiak said she was satisfied, on this occasion, it was Moyse who feared Buors, not the other way around.
“He appears to have been overwhelmed, unsure what next steps to take,” she said. “I find it was Buors who was angry on this occasion and Moyse who was fearful.”

I completely agree with the verdict. There was not enough evidence to convict and no evidence that she was fearful, beyond a reasonable doubt. There was also too much of "he said, she said" type of evidence, which is why it is very hard to convict someone in these types of cases. Good job Judge! 

Criminal harassment case now for Judge to decide

Criminal harassment case now for Judge to decide

It was a whirlwind romance between two professionals that ended in an ugly fashion -- with the administration of justice seemingly caught in the middle.

Now the fate of a Manitoba RCMP officer accused of criminal harassment against his ex-girlfriend, a provincial Crown attorney, rests in the hands of a judge.

Cpl. Jeff Moyse has pleaded not guilty, suggesting he is the real victim of a vindictive plot by his former lover, Debbie Buors. Lawyers made closing arguments Wednesday in the high-profile case but will have to wait until March 25 to hear the verdict.

"This was a man who just didn't want to leave Debbie Buors alone, despite her wishes to be left alone. This was a man who was not thinking rationally. His communications with her are mentally unstable," special prosecutor Ryan Rolston said in his summary of the evidence.

Defence lawyer Gene Zazelenchuk claims there is no evidence to suggest Buors was ever fearful of Moyse, which is required to prove the charge of harassment.

Buors told court last week Moyse wouldn't accept the end of their eight-month relationship in December 2008 and flooded her with hundreds of unwanted phone calls, emails and text messages. Many of the communications were read in court, including the transcript of two obscenity-filled phone messages he allegedly left for Buors two days after her father died suddenly. Buors' friend, prosecutor Lisa Carson, said she transcribed the calls verbatim and found them threatening. Moyse claims he has "no memory" of making the calls, which were not permanently recorded.

In a text message, Moyse allegedly told Buors she had pushed him as far as she could and "I hope you get everything you deserve." In another, Moyse is accused of telling Buors "Careful how you treat me. Think hard about what I know. Watch your tone." He also tells Buors to "quit hiding in your cyberworld. Just wait until we meet face to face."

Rolston argued Moyse was trying to frighten and intimidate Buors, who finally sent an email on March 11 saying she was putting Moyse "on notice" she would seek a restraining order and/or criminal charges if he had any contact with her.

But Zazelenchuk noted she then appeared at the Powerview RCMP detachment the following day to interview two victims of crime. Moyse initially refused to let her in the building, causing a big scene. Zazelenchuk claims Buors was "baiting the bear" and would frequently send "mixed messages" to Moyse by contacting him days after claiming she didn't want to speak with him again.

Rolston argued Wednesday that Moyse was clearly in the wrong with the RCMP station incident by trying to interfere with her work.

"He thought what a great opportunity... to really stick it to her. He was the one who made the big deal out of it, who elevated this personal issue between them into something public," said Rolston. "He chose to press her buttons."

Moyse testified in his own defence last week and accused Buors of trying to goad him into a confrontation.

"She told me if she wanted to, she could make my life miserable, that I better watch my step with her. She told me she was capable of anything," he said of an alleged conversation with Buors in early March 2009.

Moyse said he believes Buors was trying to "set up something physical" so she could build a criminal case against him.

Ex police officer says evidence against him, may have been forged

Mountie says evidence against him, may be forged 

- An RCMP officer says some of the key evidence against him at a criminal harassment trial may have been forged by Manitoba justice officials in an attempt to frame him.

- Cpl. Jeff Moyse made the claim while on the witness stand Thursday testifying in his own defence. He has pleaded not guilty to causing fear to his ex-girlfriend, Debbie Buors, who is a Crown attorney.

- Special prosecutor Ryan Rolston spent the entire day cross-examining Moyse on dozens of disturbing text messages, emails and transcribed phone calls he allegedly sent to Buors, who in turn forwarded several of them to colleagues in the Crown's office.

- Moyse would only say "it's possible" he said all of the things being attributed to him but suggested Buors and her friends could have altered the content.

- "Without seeing or hearing the originals, I can't say for sure these are the words I wrote or said," he told court.

- The Crown read many of the communications out loud, including the transcript of two phone messages he allegedly left for Buors two days after her father died suddenly. Buors' friend, prosecutor Lisa Carson, told court this week she transcribed the calls verbatim. 

- Moyse claims he has "no memory" of making the calls, which were not permanently recorded.

- "I try to be your friend, I try to be there for you. You won't answer me. You're ignorant towards me. You're pissy with me at every minute. You know what, Debbie, go (expletive) yourself and your attitude," Moyse allegedly said. "Go wallow in your own misery, if that's where you'll want to be. You want to be cold and icy... and bitchy and pricky like you are? Fine, I'll be the same way if that's how you want it."

- Court has heard allegations the personal animosity at times influenced the course of justice as they continued to encounter each other during their jobs. For example, Buors once attended an RCMP attachment to interview two waiting witnesses but Moyse initially refused to let her inside.

- In a text message, Moyse allegedly told Buors she had pushed him as far as she could and "I hope you get everything you deserve." In another, Moyse is accused of telling Buors "Careful how you treat me. Think hard about what I know. Watch your tone." He also tells Buors to "quit hiding in your cyberworld. Just wait until we meet face to face."

- Rolston argued Moyse was trying to frighten and intimidate Buors, who broke up with him in late December 2008 following a brief relationship.

- "That's a heck of a leap. I don't agree with that," Moyse said.

- Moyse claims Buors was constantly sending him "mixed messages" by claiming she never wanted to speak with him again, only to phone or email him days later. Rolston argued it was Moyse who was always the aggressor, noting a Feb. 17, 2009 email in which he allegedly told Buors "I don't know why this whole non-communication thing." Moyse is also accused of sending her an email following their breakup in which he asked Buors to "consider being my friend, sugar lips."

- "Are you not the one sending a mixed message?" asked Rolston. Moyse refused to accept he actually wrote these words but admitted he may have mishandled the situation.

- "There were some communications I'm not proud of," he said. "But it was never, ever my intention to toy with her or play games with her."

- The trial will resume next Wednesday.

This is a complicated case because it's his word against hers and it's hard to know which one to believe. 

Police officer testifies that he's the victim of a setup by ex-lover

Mountie testifies he's victim of setup

- A Manitoba RCMP officer claims he is the victim of a vindictive plot by his ex-girlfriend, a Crown attorney, to falsely accuse him of criminal harassment.

- Cpl. Jeff Moyse testified at his trial Wednesday. He accused Debbie Buors of trying to goad him into a confrontation after their eight-month relationship ended in December 2008. The pair had met while working in Powerview.

- "She told me if she wanted to, she could make my life miserable, that I better watch my step with her. She told me she was capable of anything," Moyse said of an alleged conversation with Buors in early March 2009.

- Moyse said he believes Buors was trying to "set up something physical" so she could build a criminal case against him. Buors sent an email on March 11 saying she was putting Moyse "on notice" she would seek a restraining order and/or criminal charges if he had any contact with her. She appeared at his RCMP detachment the following day to interview two victims of crime. Moyse initially refused to let her in the building.

- "I knew she had a different agenda against me. I was completely being entrapped by her. I wanted her to be kept away from me," he said.

- Moyse said he saw several bouts of bizarre behaviour from Buors, including a December 27, 2008, incident in which he found her hiding under her covers following an argument with her teenaged son. He said Buors screamed at him when he offered to help, adding she no longer cared about anyone.

- Buors has told a different story in court, saying Moyse wouldn't accept the end of their relationship and flooded her with hundreds of unwanted phone calls, emails and text messages. Two of her colleagues testified Wednesday they shared her concerns about Moyse.

- Prosecutor Lisa Carson told court about a voice-mail message Moyse left for Buors just days after her father died in January 2009.

- "It was very angry, very confrontational... When I listened to it, I started shaking," Carson said. "I was very concerned about her safety."

- Buors asked Carson and another friend to sit near the entrance to ensure Moyse wasn't allowed into the funeral home. "It struck me as very unfortunate that she had to worry about that..." Carson said.

- She added Buors didn't want the serious relationship Moyse was seeking. "He seemed to be overbearing in terms of not giving her any breathing room."

- Defence lawyer said Wednesday Buors sent "mixed messages" to Moyse by contacting him days after claiming she didn't want to speak with him again.

- Moyse will be cross-examined today.

Escalating tension between prosecutor and ex-cop lovers, in criminal harassment trial

Feuding pair in eye of storm involving deadly driving case

Romance takes an ugly turn; court hears of escalating tension between prosecutor, ex-cop lover

- A Manitoba Crown attorney says claims by her former RCMP officer boyfriend she mishandled a deadly driving case is the latest example of his attempts to intimidate her.

- Debbie Buors told court this week she did nothing wrong in the prosecution of Pernell Guimond, which is now the subject of an out-of-province judicial review. She questioned the motives of RCMP Cpl. Jeff Moyse, who recently spoke out about Buors not calling him as a witness in the high-profile case. Moyse is now on trial for criminal harassment of Buors.

- Guimond admitted to drinking, smelled of booze, failed two roadside screening tests and then refused a breathalyzer after his speeding car mowed down a 12-year-old boy, Brent Guimond, on the side of a darkened highway near Sagkeeng First Nation in August 2006.

- Yet by the time Guimond, who was no relation to the victim, went to trial last year in Winnipeg, all alcohol-related charges had disappeared. Guimond was given a conditional sentence in January after being found guilty of dangerous driving causing death.

- Alberta Justice officials will review every facet of the Guimond case to see if there was any wrongdoing by his office.

- RCMP have launched a similar probe of their own conduct.

- Moyse was the senior officer who signed off on criminal charges, including impaired driving causing death and refusing a breathalyzer. Moyse began dating Buors in April 2008, several weeks before Guimond's preliminary hearing began.

- Moyse wasn't at the scene of the crash, but said he had detailed notes about his dealings with Guimond back in the RCMP station and how the accused refused to submit to a breathalyzer test. Yet Moyse says he was surprised when his girlfriend never called him to the witness stand, believing he had important evidence to offer.

- The rocky romance between a Manitoba Crown attorney and an RCMP officer culminated in two ugly confrontations -- one inside a courtroom, the other inside a police station -- that left several victims of crime unwittingly caught in the crossfire.

- Relationship between Cpl. Jeff Moyse and prosecutor Debbie Buors, specifically its impact on the administration of justice. Moyse is on trial this week for criminal harassment of Buors but has denied wrongdoing.

- Buors is claiming a continued pattern of threatening, intimidating behaviour following their break-up in December 2008. The pair had started dating in April of the same year.

- Sue Stirling, a victim services worker with the provincial Justice Department, told court how a "serious escalation" of their issues triggered a tense scene inside the Powerview RCMP detachment on March 12, 2009.

- Buors, who handled the court circuit for the area, went to the station to interview two crime victims for upcoming trials as part of a pre-arranged meeting. But Moyse refused to let her go inside the building, telling a junior officer she was barred from the premises.

- "He was very forceful. His eyes were bulging, forehead sweating, fists clenched," Stirling said of Moyse. Buors was equally defiant about her position, telling Stirling "He can't stop me; I've got work to do, there are clients waiting."

- Both sides made threats to call their superiors, but cooler heads eventually prevailed and Buors was allowed access to one interview room. Stirling told court Tuesday the embarrassing incident was unacceptable.

- Stirling described another disturbing confrontation that occurred inside a Powerview courtroom in January 2009. Buors was preparing for a trial that day when Moyse appeared, asking her "Why are you angry with me?" Buors told him "I can't deal with this right now," but then went to another room with him. She returned a short time later, clearly upset, telling Stirling she needed to adjourn the scheduled hearing.

- "At court that day, it seemed there was a major shift in how they interacted with each other. The professionalism seemed to be missing."

- Buors was on the witness stand Tuesday morning, saying she reached her "breaking point" when she sent a sharply worded email to Moyse on March 11 -- the day before the police station incident. In it, Buors wrote she was putting Moyse "on notice" she would seek a restraining order and/or criminal charges if he had any further contact with her.

- "I will not tolerate your abuse any further," she wrote in her final sentence.

- Moyse's lawyer accused Buors of trying to cause trouble by going to his client's workplace the very next day, knowing he was on duty.

- "The only thing you were doing was baiting the bear," questioning why Moyse would allow Buors to get anywhere near him based on the threatening email.

- "That's not true. We were two professionals. We should have been able to act like ones," said Buors. She went to police with the harassment complaint days later.

- Defence drilled Buors on her role in the relationship, including the fact she still owes Moyse more than $4,000 worth of cash and property for which the officer is now suing her in civil court. Buors also admitted she has recently been the subject of two provincial wage garnishment notices after failing to pay numerous speeding tickets in her name.

- Buors blamed her troubles on the sudden deaths of her parents and troubles at home with her teenaged son.

- Buors insisted she did nothing wrong, saying Moyse was the instigator and frequently blamed her friends and co-workers for their relationship going south. Her sister, Catherine, testified Tuesday how Moyse called her in late December 2008, claiming Buors was a "crazy lady" who might harm herself. Buors then phoned an hour later, screaming Moyse had broken into her house and was holding her arms behind her back.

- "She was screaming to 'get this psycho out of my house,' " she said. Police were never called and no charges filed for that incident.

- Special prosecutor Ryan Rolston is expected to conclude the case against Moyse today by calling several of Buors' colleagues in the Crown's office to testify.