And Commissioner Whylie has rarely been granting press encounters, and so today – while we had the opportunity - we asked him for an update on the investigation of the passport scandal. Here’s what he had to say:
Daniel Ortiz
"How has it progressed since the last time you've spoke with the media"
Allen Whylie - Commissioner of Police
"Well I know that the file was returned by the DPP to the Head National Crime Investigation Branch, he has a team of senior officers who are continuing that investigation, the instruction that he have indicated to me from the DPP was to continue the investigation, they are continuing, they are trying to comply with the guidance that she gave to them."
Daniel Ortiz
"Now sir, the one issue the COLA keeps on bring up is the letter you wrote to their attorney, in which you told them that you couldn't release the details of that investigation, you couldn't release the file to them because it’s on ongoing matter, why is it so a matter of disclosure that they can't get a hold of this file."
Allen Whylie - Commissioner of Police
"I think that the letter quite clearly said that as long as there is an ongoing investigation the matter cannot be released because it would be prejudicial, and so until that investigation is concluded and the file sent back to the DPP, then we go from there, but I cannot break the law to please COLA."
Daniel Ortiz
"Can you tell us the law you would be breaking if that is indeed?"
Allen Whylie - Commissioner of Police
"I have already indicated that the regulation or the act is under the disclosure act, so there if there is a continuing investigation or ongoing investigation would be prejudicial to release, so we are complying with the law, the attorney has not challenged that, that is the law."
Daniel Ortiz
"Is there any material that your office will be able to release to them at any time, because your case goes back to court in a few short weeks, that will assist them in anyway?"
Allen Whylie - Commissioner of Police
"The issue of the matter going to court is neither here or there. The law is the law, and the law and the legal advice we have gotten it cannot be released because it will be prejudicial, so when the investigation is concluded as I say, and the guidance given from the DPP has been completed, then the file will be sent back to the DPP."
Daniel Ortiz
"At this current moment sir, the issue with the attorney, they are suggesting that your continual refusal to release this file is some way to prove positive that state is trying to bury the evidence against Mr. Penner. How do you respond to that?"
Allen Whylie - Commissioner of Police
"Man, I think that is utter nonsense, and I think for the media to swallow or try to be regurgitating that is nonsense. I think the media should be given credit, the law is the law. I am here to uphold the law. The attorney, regardless of who it is, whatever case, I cannot break the law for them and so I don't think the media should allow anybody to put that before them. Read the law, he has not disputed the law, the response I have written."
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