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Kamloops  

Jail sex case was boisterous

The RCMP detachment in B.C. where police and jail guards allegedly watched two female prisoners engage in sexual acts felt like a hockey locker room after a win, a former jail guard has told court.

David Tompkins testified Monday in B.C. Supreme Court during the trial of RCMP Cpl. Rick Brown who has been charged with breach of trust by a public officer.

Brown was the watch commander in the early morning hours of Aug. 18, 2010, when the offence is alleged to have occurred.

"It’s kind of akin to guys having a hockey game and they just won the hockey game," said Tompkins of the detachment's atmosphere. "They’re boisterous."

Brown was among a group of six RCMP officers and jail guards, as well as a municipally employed clerk, who allegedly watched the women on closed-circuit video.

Brown, Tompkins, as well as Constables Evan Elgee and Stephen Zaharia were initially charged.

The counts against Elgee and Zaharia were later stayed, but Tompkins pleaded guilty last year and was placed on a year-long probation term.

The trial has already heard that as one of the women was being brought into jail she reported that she was HIV positive.

Tompkins said in court that he and Brown were in a room used by guards to monitor prisoners when they noticed the two women becoming intimate.

"I said, 'Well, I guess we should move them,'" said Tomkins. "He (Brown) said, 'Let’s just wait and see what happens.'"

Tompkins said he felt uncomfortable because of what the women were doing and stopped watching the video feed.

But in a recorded phone call played in court, Tompkins called watch clerk Richard Beveridge and sounded excited.

"You gotta see this," Tompkins said on the tape. "Browny’s down here and he’s going, ‘You gotta see this.'"

The court has heard "Browny" was Brown’s nickname at the detachment.

Tompkins testified he was trying to get more people to come to the guard room so that action would be taken to separate the women.

Tompkins said Brown was asked if he was going to break up the sex acts, but Brown said there was nowhere to move the women.

He said other constables showed up, he questioned what he was supposed to do and was told to tell the watch commander.

“It’s up to the watch commander to decide if he wants to do anything at all," said Tompkins. "I can say everybody saw and knew what was going on in there.”

Brown has been on paid administrative leave since August 2010. Tompkins remains employed by the City of Kamloops' parks department.

The Crown has closed its case and defence lawyer Glen Orris said he won’t be calling any evidence.

Closing arguments are expected to take place Wednesday.



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