- 2000 DEC 01 -


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00-12-01          0700    Morning routine.  First thing I checked my email and the following message was received from Dr. BROWN.

From: Brown, Jim []    

Sent: Wednesday, November 29, 2000 7:10 PM

To: ''

Subject: RE: Swissair Flight 111 Skin & Mylar/Tedlar Standard Samples

 Thanks Tom;

Will be on alert for the package. By the way, I finally got the arc melt draft report into TSBC hands last week. Jim F. and Gus S. both got copies to review.

Larry may be waiting again this year. I think his wife (Diane) has already decided that he needs a matching refrigerater and dishwasher to go with that nice digital stove she got last Xmas (instead of his dream digital camera).

cheers, Jim

            My original message was also attached.  This confirms that the ‘draft’ report has been released - last week.

            I also gave Peter PURCHASE a call to speak to him about the request from GERDEN to not report on anything.  As a reader, he is supposed to be up on the criminal code, and has access to one, which I do not have over here at the hangar.  We discussed the matter and potential scenarios, and basically there is no violation for making the request generally.  However, should some particular action be required on my part and I not undertake it, then I am in violation of several acts, including the criminal code and the RCMP Act.  Depending on what action was taken by the TSB member, he could be guilty of obstructing under the Criminal Code.  It is a very flexible situation that depends on the particular details at that specific time.  I thanked him saying that I was relieved that nothing had transpired to this time.  We spoke about other things, including being involved in any future similar incidents, and that was it.

(Clarification:)    I called Purchase so that word of Gerden's actions would reach Lathem, as Purchase was like a puppy dog with him and passed on any and every tidbit of information.  Purchase was no lawyer, so his opinion meant nothng, especially after his actions in the hangar.  What needed to be realized was that I was seconded to the TSB, so in effect Gerden had considerable control over me.  Gerden was a senior member of the TSB and a Canadian Government official in charge of an international investigation.  As such, he had complete control and authority over everyone involved in the file at this time.  If he had wanted me out of the hangar, then I would have been gone, notwithstanding that I was a police officer conducting a criminal investigation or that he had a legaal obligation to notify the RCMP of the criminal evidence that had already been uncovered.  The conversation with John had been Gerden's attempt to intimide.  As such, I would argue that Gerden's attempt to control what I reported to the RCMP consitiuted an attempt to obstruct justice and a police officer.  Certainly Purchase knew enough of what was going on behind the scenes courtesy of Lathem to understand he could never admit that to me.



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