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.