Former detective sergeant Shane Donovan’s perjury trial opened with his lawyer telling the judge the case hinges on whether his client intended to mislead the court about his preparations as a witness in the assault trial of Niagara Regional Police colleague Const. Nathan Parker.
Donovan, claiming self-defence, fired 10 shots that left Parker, who has a history of police disciplinary charges for aggressive behaviour, clinging to his life during a violent encounter in Pelham on Nov. 29, 2018, as they worked together in the collision reconstruction unit on an investigation.
The 24-year veteran of the NRP was charged with attempted murder, aggravated assault and assault with a weapon after the incident. The Crown dropped the charges against Donovan in 2019, telling the court there was little chance of conviction.
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At a subsequent trial in 2021, the Crown was forced to stay Parker’s charges of assault, assaulting a police officer with a weapon to resist arrest and assault with a weapon (his police-issued expandable baton) in the same incident, telling the court, “The prospect of conviction is now tenuous and is no longer in the public interest” because of Donovan’s testimony.
Donovan’s testimony about his possession and use of the full trial disclosure led to the perjury charge, which Ontario Court of Justice Joseph Nadal is hearing at John Sopinka Courthouse in Hamilton. The trial opened Thursday.
As a witness, Donovan wasn’t entitled to keep and study the full disclosure with all the evidence, including reports, witness testimony and crime scene photos from his trial, where he was the defendant.
Crown prosecutor Rose Branton said Donovan was required to either destroy or return the disclosure to the Crown after his charges were dismissed.
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Donovan testified he had used only his own testimony in preparing for Parker’s trial.
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That assertion, made under cross-examination by Parker’s lawyer, Joseph Markson, unravelled when Hamilton Police seized Donovan’s laptop and produced a report showing dates Donovan had opened dozens of files other than his interviews on a USB stick.
“Simply put, he testified inaccurately at the hearing, believing what he was saying was the truth, in part because of post-traumatic stress disorder brought about by the shooting, threats or perceived threats from officer Parker and being in the courtroom with Mr. Parker intimidating him,” said Donovan’s attorney, Dean Paquette.
John Sopinka Courthouse in downtown Hamilton is hosting the perjury trial of recently retired Niagara Regional Police officer Shane Donovan.
Barry Gray Hamilton Spectator file photo
The most dramatic moment of the day occurred when Parker slipped into the gallery shortly after the hearing began, something Paquette alerted Nadal to immediately.
The court spent much of the day listening to the court recorder’s audio file of Markson’s cross-examination of Donovan’s cross-examination.
Paquette said Donovan’s testimony about what and when he accessed changed from one moment to the next and was often totally inconsistent with what he said moments earlier.
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“His evidence will be that he wasn’t intending to deceive the court, that he honestly believed what he was saying,” Paquette said.
“He was wrong about what he was saying. In fact, he wrote about using the USB stick in his notebooks, which is inconsistent with his testimony.”
During his examination in chief by Paquette, Donovan said he has been seeing a psychologist since the shooting and is diagnosed with PTSD, which Donovan said has impacted his memory, his sleep and his sense of well-being.
A call from Joanne Mulcahy, his attorney in the attempted murder trial, while he was driving on the QEW with his wife to Ikea in the Hamilton area alerted Donovan that he was facing charges in the incident.
Donovan said Mulcahy asked him to pull to the shoulder if it was safe and exit the vehicle so they could have a private conversation.
“I thought about running into traffic and killing myself,” said Donovan, who has retired from the NRP.
The trial resumed Friday morning with Branton cross-examining Donovan.
