00-05-08        

I received a copy of a memo from Insp. Andy Latham.  It is addressed to Sgt. Tom Juby.  It re: Your Memorandum of April 27th 2000 concerning the AES Seawater Wire Standards/Auger Testing.  The memo reads " When you submit a memorandum to provide rationale for travel or fiscal commitment, I want the facts that pertain to the issues, not statements such as paragraph B, that indicates the RCMP's position as perceived by others.  Your paragraph F has conclusions that speak for another agency and I consider them inflammatory and unwarranted.  Your expertise and commitment to this investigation is recognized.  This type of correspondence only serve to diminish those qualities.  I categorize it as less than professional and non‑acceptable.  The report structure for you is through S/Sgt. Vic Gorman and then to me.  I trust there will be no further clarification required.  Signed by A.S. Latham, Insp., O I/c Swissair Investigation.  Cc. S/Sgt. Gorman.  Sgt. Juby approached me and expressed concern about this memo.  He stated that he is entitled to his opinions.  His statements are open to interpretation.  He stated that I am very seldom available and that is why he continually goes to Insp. Andy Latham.  His thoughts are that I will be transferred soon and that he will have to go directly to Insp. Latham.  I advised him that I support Insp. Latham.  I told him that he is not a team player and the independently does things on his own.  As an example: Memo he wrote to Dr. Brown concerning possible interference from partner agencies.  This memo was viewed as intimidating to Dr. Brown, and written in an inflammatory tone.  This memo had not been approved or sent through proper line of command.  Sgt. Juby again stated that this was open for debate.    I also advised him that he does very good work, but doesn't give any consideration to budget.  He will spend without any consideration to the amount of money in that budget.  We have to take into consideration the big picture.   He has received support for most of the equipment required to do his work.  It was requested of him not to use his credit card for acquiring any supplies or equipment for either Hangar B operation and Hangar A.  This was because we were losing control of the budget and didn't have control of what Sgt. Juby was purchasing.  I had advised him in the Hangar B operation not to purchase any supplies or equipment without prior approval.  He did not always adhere to this request.  Protocol was put in place for Hangar A for Sgt. Juby to go through Cpl. Archie Mason for supplies and equipment.  He did not always adhere to this policy.  His answer was that he required this equipment and nobody was available for approval.  Sgt.. Andy Kerr, Hangar A, was put in charge of purchasing supplies and equipment.  All supplies required by Sgt. Must be APPROVED AND PURCHASED BY ANDY KERR.  SGT. JUBY HAS BEEN ADVISED OF THIS.

(CLARIFICATION)    These are Gorman's notes in E&R for this date.  E&R was the data base for exhibits and the notes created by RCMP members in the hangar.  It eventually would be turned over to the TSB for their filing purposes, but in the mean time, every entry was open for other members to read. 

Gorman has recorded material that was not appropriate for general reading as it was disciplinary in nature.  As my supervisor, it was improper for him to record this material in E&R, as it should have been recorded on a form 1004 with a copy being given to me for further discussion.

Gorman’s comments regarding the message to Dr. Brown are biased, as I had discussed the message with both Gorman and Lathem prior to sending it.  We had just finished a meeting during which Jim FOOT had said he was going to put Dr. Brown back on track, that he was not to be searching for magnesium.

As for ‘received support for most of the equipment required to do his work’, that equipment was initially requested by Garstang so that I could undertake his tasks, and the RCMP finance people eventually sent the bill to the TSB.  So, it might seem ‘big hearted’ to support the requests, but it was not an RCMP expense.

His comment ‘I had advised him in the Hangar B operation ….’ was a foolish statement.  First, I was responsible for logistics, and there had been no time to wait as much as a week for Gorman to show up in the hangar.  Second, when I asked him for more safety suits for the people in the hangar, he showed up with two boxes of suits, twenty units in all.  I asked him to look around and count the number of suits he could see.  The suits for more than one hundred workers were all supplied by the RCMP.  He disputed the need for us to supply them to the other agencies.  I suggested that legally, it was our hangar operation, and therefore under the Health and Safety regulations, we were responsible to supply the proper equipment.  He again disputed this, but finally agreed after thinking about it.  The next day, there were more than two hundred boxes of suits in the hangar, fifty suits per box.  When he came in, he asked if I now had enough suits, and that it had cost more than $16,000 to airfreight the shipment in from Toronto (in 1998 dollars).  I was shocked and asked him why he didn’t airfreight enough for a week and ship the rest by transport truck at a much cheaper rate.  He merely shrugged and said, ‘You asked for safety suits, you got safety suits.’

It is my understanding that within the first weeks of the investigation, Gorman had gone to Zurich with Garstang to photograph the interior of one of their MD-11 aircraft.  However, because of his poor quality work, the TSB had to then hire a commercial photographer to retake the photos and produce the enlargements at a cost of $100,000, again in 1998 dollars.

As for operations in Hangar A, I asked Lathem if I was supposed to carry Cst. Kerr around in my back pocket anytime I needed a piece of equipment or an item purchased locally.  His comment was, ‘That is why you still have a Force credit card.’  What's more, later correspondence indicated that Gorman believed Kerr to hve been a Sergeant and of equal rank as I.  In fact, Kerr was a Constable, and unless I was subject to a disciplinary order, as a Sergeant I did not have to seek the permission of a Constable in order to incur expenses.

By writing this, Gorman was simply trying to make himself look good in the eyes of his managers.  He was looking for his commission and certainly could not be seen by others as crossing swords with a commissioned officer.  Larry Fogg summed it up later when he said that all Gorman did was to show concern for secrecy, and that he did nothing of value in the hangar.  Indeed, the photos that he took of the burnt exhibits were of no use to the CAD people who had to instead use the actual exhibit to complete their drawings of the fire damage.

As for Gorman's credibility, one must consider that in an upcoming meeting he will be one of the four senior members (including Lathem and Lee Fraser along with Neil Fraser) who demanded that I alter my offical file notes.  That action was a criminal obstruction of justice and of a police officer.  During that meeting of 01 FEB 20 (Change the Notes Meeting), I asked Lathem about these notes.  His response was that they were now in E&R as notes, so they cannot be removed or altered.  He intended to do nothing about them.  Ironic considering they had just demanded that I change my notes.