Whitehorse Daily Star

Constable spurns suggestion he planted evidence

RCMP Const. Joshua Penton has flatly rejected a suggestion he planted evidence in the investigation of an attempted murder case involving Haines Junction RCMP Cpl. Kim MacKellar.

By Chuck Tobin on September 19, 2013

RCMP Const. Joshua Penton has flatly rejected a suggestion he planted evidence in the investigation of an attempted murder case involving Haines Junction RCMP Cpl. Kim MacKellar.

Penton told Yukon Supreme Court Wednesday afternoon he did not place two crack pipes in the glove box of the black SUV MacKellar was chasing after a robbery at Madley's General store early on Sept. 26, 2011.

"Could it be these two crack pipes came from another location other than the glove box?” defence lawyer David Tarnow asked during his cross-examination of Penton.

"No,” the officer replied firmly.

"I am going to suggest you or another officer put them there,” Tarnow said.

"No,” came another firm response.

Penton testified he was assigned the duty of being responsible for collecting and documenting items seized in the investigation.

As he and the RCMP's forensic specialist for the Yukon searched the glove box of the suspect SUV, they came across five hypodermic needles. They photographed the needles as they lay, Penton told the jury.

After removing the needles to search deeper into the glove box, he testified, they saw and photographed two glass crack cocaine pipes.

The defence lawyer asked Penton why he and Sgt. Jim Giczi of the crime scene identification unit did not videotape the search of the glove box.

Penton said he doesn't recall discussing videotaping the search with his superior officer.

Tarnow had Penton acknowledge the two crack pipes could only be seen in a photograph after the needles were removed.

Christopher Cornell, 32, is accused of attempting to murder the Haines Junction corporal by shooting at him with a rifle during a high-speed chase along the Alaska Highway.

Cornell is also charged with using violence and bear spray while stealing a safe from a general store in Haines Junction.

The trial is continuing today.

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