RCMP forgot about knife

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Cory Van Gilder faces a manslaughter charge in the 2016 death of Zachary Gaudette.

“You'd agree it would not be proper to charge someone based on how it makes the RCMP look?” asked Jeff Campbell, defence counsel for Cory Van Gilder.

“100 per cent, I agree,” responded Cpl. Gina Horley, lead RCMP investigator in the case.

Van Gilder's manslaughter trial continued Wedneday with defence peppering Horley and Const. Nedine Ricioppo about a knife victim Zachary Gaudette was reportedly carrying when Van Gilder punched him, leading to his death.

Ricioppo was the first officer to arrive at the Cactus Club on Banks Road on Feb. 17, 2016, after receiving reports of a fight. She found Gaudette lying in the parking lot, unresponsive, as restaurant staff performed CPR.

Gaudette died two days later in the hospital.

On the morning after the incident, Ricioppo met with RCMP investigators, including Horley, and shared what she knew about the case. In briefing notes from that meeting, Ricioppo noted that Gaudette was found with a small knife in his pocket.

Prior to the notes being brought up in court, Ricioppo testified Gaudette had no weapon on him.

“I don't recall the knife, and my job is to seize evidence at the scene, so it would have been marked if I would have found the knife,” Ricioppo said.

Despite her assertions, Ricioppo said the information in the briefing notes would have come from her.

The knife was not included in the case's exhibits, and neither Ricioppo nor Horley could say where it ended up.

Several witnesses testified previously that they were concerned Gaudette may have had a knife on him when he approached the group of people outside the restaurant, yelling and challenging people to fight.

During a police interview on Feb. 23, 2016, Van Gilder expressed concern that Gaudette may have had a knife. His defence is that use of force was justified, based on self-defence.

In the RCMP's report to Crown counsel, no mention of a knife was made.

Van Gilder wasn't charged until July 2016, almost five months after the incident occurred.

In an April 15, 2016 email Campbell brought up in court Wednesday, Kelowna RCMP spokesperson Jesse O'Donaghey responded to Horley's concerns about ensuring “public confidence in the RCMP” following the identification of a suspect in Gaudette's death.

“Should Crown not lay the charges, it may come back negatively on the RCMP," O'Donaghey wrote.

Horley testified police had been under media pressure to report on the progress in the case.