FORT MACLEOD — A judge has ruled that a former Alberta Mountie convicted of fatally shooting a man in a jail cell won’t have to testify at an inquiry examining the death.
Dr. John Carmichael, a clinical psychologist, testified Thursday at the inquiry that Michael Ferguson’s would commit suicide if he had to testify again about the death in 1999.
Ferguson shot Darren Varley, 26, during a scuffle in a holding cell at the Pincher Creek RCMP detachment in October 1999.
Ferguson maintained he acted in self-defence because Varley had tried to grab his gun.
Judge Derek Redman accepted the doctor’s opinion.
Ferguson faced three trials for second-degree murder — the first two ended with hung juries, and the third with a manslaughter conviction.
He was sentenced to two years of house arrest after receiving a constitutional exemption from the mandatory four-year minimum jail term for manslaughter with a firearm.
The Alberta Court of Appeal overturned that decision, and Ferguson went to prison for two months before being granted parole.
“Suicide has become a reasonable option (to) him,” Carmichael said via closed-circuit TV from Kamloops, B.C., where Ferguson now lives.
“I’m very concerned that this man may do himself in if he receives a subpeona to testify.”
Varley’s sister Alaine Varley-Spencer wasn’t convinced. The judge allowed her to question Carmichael and she suggested Ferguson has played his psychologist for a fool by faking his condition.
Carmichael denied that, saying testing on Ferguson includes monitoring of physiological responses to detect lies and false responses.
Ferguson is plagued by intrusive memories and dreams, has problems with his memory and that anything regarding the events surrounding the incident can trigger a downward spiral in his emotional state, the psychologist said.
“Right now, I don’t have any confidence in his memory, either short- term or long-term,” Carmichael said.
Retired RCMP Supt. Lloyd Hickman, the senior officer overseeing southern Alberta detachments at the time of the shooting, also testified Thursday.
He said in the months before the shooting, he became so concerned about the number of incidents arising from Ferguson’s apparent anger issues that in March 1999 he requested an internal RCMP investigation.
That investigation turned up more incidents and reports that Ferguson’s co-workers were uncomfortable when he was around because he “could explode at any time,” Hickman said.
“I was quite shocked at what (the investigator) had turned up,” he said. “That . . . said to me, ‘We have a problem with Const. Ferguson.”’
Hickman became convinced Ferguson needed a medical assessment to determine whether he was fit to be a police officer. On Aug. 24, 1999, about six weeks before the shooting, Hickman ordered Ferguson to undergo mandatory counselling.
When Redman asked him whether he had any recommendations for the inquiry, Hickman replied that he strongly believes in having video surveillance cameras installed in all cell blocks, police cars and interview rooms.
“I honestly believe if that was in place (at the time of the Varley shooting), these questions (of the inquiry) would have been answered a long time ago,” Hickman said.
The fatality inquiry wrapped up Thursday. It’s not known when Redman will deliver his findings and recommendations.