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Paul Kelly has been demoted to constable after a disciplinary hearing found he overlooked a body while searching the basement of a rooming house that was the scene of two homicides

Published Feb 12, 2023 5 minute read

An Edmonton police detective who failed to find a body while searching a homicide scene then tried to pin blame on other officers has narrowly avoided being fired.

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Paul Kelly, a one-time detective with the Edmonton Police Service crime scene investigation unit, has been demoted to constable after a disciplinary hearing found he overlooked the body of Blayne Burnstick while searching the basement of a notorious rooming house that was the scene of two homicides.

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More significantly, Kelly filed what the hearings presiding officer described as conspiracy-like complaints against two fellow officers who Kelly believed played a role in the investigations failings.

The disciplinary case is interwoven with three homicide trials, as well as explosive allegations brought by another former police detective who claimed senior EPS officers tried to insulate notorious landlord Abdullah Shah from prosecution.

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Burnstick was shot to death in the basement of 11119 94 St., a rooming house owned by an associate of Shah. Also known as CarmenPervez, Shah once owned a large number of rental properties in inner city Edmonton and served jail time for mortgage fraud. He was facing drug trafficking charges when he was shot todeath outside his home last March in a homicide that remains unsolved.

Burnstick, a 25-year-old from Alexander First Nation, was visiting the94 Street house onSept. 12, 2017, with two friends who intended to buy drugs from the tenant, 76-year-old Nexhmi Nuhi.

During the deal, a man allegedly burst into the suite and began beating Burnsticks friends with a pistol. The friends ran off, leaving Burnstick, Nuhi and a woman named Nicole Loewen alone with the attacker, who allegedly shot Burnstick in the head after he commented on the violence.

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The man accused of firing the shot, Edward Piche, was cleared of charges in 2021 after thetrial against him fell apart over issues with Loewens memory of the shooting.

Burnsticks friends believed they had been set up by Nuhi and plotted revenge. They returned to the rooming house the next day and shot Nuhi through the basement door with a sawed-off shotgun.Jared Bird and Cecil Tompkins later pleaded guilty to manslaughter for the killing and were sentenced tofive-and-a-halfand six years inprison, respectively.

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Kelly and his two-member CSI unit were called to the scene on Sept. 13, 2017, and spent two hours processing the basement. Despite being an experienced officer with 4,500 CSI files under his belt, Kelly failed to find Burnsticks body, which had been duct-taped and stuffed in a trash bag a few feet from where Nuhi fell. The body remained there until Sept. 18, 2017, when the landlord returned to the property.

Chief Dale McFee later charged Kelly with 14 counts of misconduct under the Police Act, including counts of neglect of duty, deceit and discreditable conduct.

During his hearing, Kelly admitted he did not follow standard procedures for the search, but rather tailored his methods based on what he was typically asked about in court. He said he had concerns about violating the terms of the warrant, as well as the privacy of the houses surviving residents.

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Kelly added the suite was filled with garbage bags and asked if he opened one, where would he stop?

Fred Kamins, the retired RCMP officer who presided over the hearing, replied, The answer to his rhetorical question to my mind would be when you were done.

After realizing he had missed Burnsticks body, Kelly tried to pin some of the blame on two members of the homicide team, who he claimed failed to pass along important information. He filed formal complaints against them in 2018.

Kamins said those complaints were unfounded and dangerously close to outright fabrication. He convicted Kelly of 10 of the 14 counts last November. Kelly has since been suspended without pay.

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Prior to the Police Act charges being laid, Kelly worked with then-detective Dan Behiels on a joint EPS/Canada Revenue Agency investigation into Shah. While Shah and several associates were identified as persons of interest, prosecutors ultimately opted not to pursue charges, leading Shahs lawyer to accuse Behiels of conducting a witch hunt.

Behiels later leaked investigative details of the aborted probe to CBC. He admitted his misconduct in a letter to McFee dated Jan. 24, 2021, claiming senior members of the EPS engaged in corrupt acts that effectively insulated Shah from investigation and prosecution.

In the same letter, Behiels speculated about the failure of the EPS/CRA investigation, claiming the process used to lay the Police Act charges against Kelly was unusual and suggesting the probe failed because the Crown did not want to proceed with charges given Kellys disciplinary issues.

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The Calgary police anti-corruption unit investigated Behiels claims and found no criminality or evidence of corruption by the EPS and its members, an EPS spokesperson said in 2021. Behiels has since been suspended.

Behiels allegations were addressed briefly during Kellys hearing, with EPS lawyer Megan Hankewich dismissing them as having no evidentiary support.

Hankewich urged Kamins to fire Kelly, arguing the deceit convictions restrict his ability to give evidence in court.

She noted a false accusation from a police officer can quickly lead to a wrongful conviction, and noted the difficulty of rehabilitating someone who knew what they were to do but chose not to do it.

Kellys lawyer, Dan Scott, argued for a significant demotion, noting Kelly has shown remorse and intends to apologize to the officers he accused. Since his transfer from CSI, Kelly has become a valued part of an investigative response team, given evidence in court and earned a commendation for his work on a complex sexual assault file, Scott said.

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Scott also submitted more than a dozen letters of support from fellow officers indicating their willingness to work with Kelly.

Kamins agreed demotion was the proper punishment, reducing Kelly from detective to constable and prohibiting him from promotion for five years. Kelly will miss out on about $100,000 in pay during that period, and more if he is not promoted.

Scott declined to comment pending discussions with his client. Edmonton Police Association president Curtis Hoople also declined comment, as did Loretta Burnstick, Blayne Burnsticks mother.

jwakefield@postmedia.com

twitter.com/jonnywakefield

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Edmonton police detective who missed body at double homicide scene ...