Pubdate: Tue, 2 Nov 1999 Source: Toronto Star (CN ON) Copyright: 1999, The Toronto Star Contact: http://www.thestar.com/ Author: Harold Levy, Staff reporter PATHOLOGIST BLAMED DEATH ON COCAINE AFTER OFFICER CHARGED Opinion Shifted, Allen Inquest Told Even after Constable Paul Van Seters was charged with criminal negligence, the pathologist who conducted an autopsy on Kenneth Allen maintained he died of cocaine poisoning, not asphyxiation, a coroner's jury has been told. Gareth Jones, a member of the special investigations unit, was testifying yesterday at the inquest into the death of Allen, who was brought to 52 Division at Dundas St. W. high on cocaine on Nov. 29, 1991, after assaulting a streetcar conductor. Allen, 32, who went limp and was dragged through the station with a nightstick under his neck, died later in hospital. About 2 1/2 years after the incident, Van Seters was charged with criminal negligence causing death. Peter Rosenthal, a lawyer representing the Black Action Defence Committee, questioned Jones about notes he made of an interview with pathologist Noel McAuliffe, conducted by a prosecutor preparing for Van Seters' trial. McAuliffe originally concluded the cause of death was cocaine poisoning, but changed his opinion to include the possibility of asphyxiation after meeting with police and prosecutors in December, 1993. Jones testified, however, that during the later interview McAuliffe told prosecutor Aimee Gauthier that Allen died of "cocaine poisoning." Van Seters was acquitted after a trial in 1996. Former SIU investigator Milan Then has testified he "never" believed there were reasonable grounds to charge Van Seters, because Allen's injuries could have been caused before his arrival at the police station. Rosenthal also questioned Jones about notes he took of his own interviews with two pathologists in connection with the criminal prosecution. The notes indicate pathologist Donald Reay, of Seattle, told him "neck constriction is the best explanation of this man's death." Jones' notes also say pathologist Peter Markesteyn, Manitoba's chief medical examiner, told him the autopsy results were "indicative of an asphyxiation death." The inquest resumes today at coroner's court. - --- MAP posted-by: Jo-D