N.S. officer accepts blame for rape probe error but says supervisors could have acted

Witnesses at the review board have criticized the fact it took Novakovic — who was the first to interview Low — 10 days to collect the clothing she had worn that night. The board has heard that failing to seize the clothing increased the risk that evidence would degrade or be tampered with.

“It just simply didn’t occur to me, and I have no excuse,” Novakovic said as he was questioned by his lawyer, Brian Bailey. “I take responsibility before the public.”

However, the patrol officer also said there was wider responsibility for the failure to secure and search the scene of the alleged rape in East Preston, N.S.

Novakovic, who had about five years experience at the time, testified he did his duty to note the address of the crime scene in his report. Asked by Bailey why he didn’t act to “secure” the premises, he replied: “At the time, in my opinion, the file had gone to the sexual assault investigation team. I had done exactly my duty (that) I was to do.”

He noted that after he submitted his reports, they went to a “quality assurance” sergeant, who could ask questions and seek follow up. He also said he had recommended the file be forwarded to the sexual assault unit, adding he had never before carried out a sexual assault investigation.

In an interview after the hearing, Low said the review board should see the bigger picture of the failings of the joint RCMP-Halifax police unit, rather than the shortcomings of a single officer who first responded.

“It’s about these supervisors. My question walking out of here was that everyone wants to ... blame this one officer ... but nobody wants to take responsibility as a supervisor,” she said. “That’s a big issue for me.”

There’s been evidence introduced during the hearing that supervisory officers may have been aware of Novakovic’s reports but didn’t act on them during what was a holiday weekend.

Don Stienburg, former head of the sexual assault unit who retired earlier this year, told the board this week that he received a late night call on May 20, 2018, from a sergeant who wanted to know what to do about video collected from the parking lot where Low’s alleged abduction occurred.

Stienburg has testified he was off duty at the time and didn’t recall reviewing Novakovic’s files until two days later.

During the hearings, the board also heard allegations from a sexual assault nurse that Novakovic asked “blaming” questions during his interview. One nurse said he asked Low why she didn’t try to escape from the car she was confined in.

Novakovic said he is trained in interviewing traumatized victims and denied that he asked accusatory questions. “I’ve never blamed Ms. Low and I’ve never blamed any victims,” he testified.

The constable, who is now on medical leave, underwent an internal police disciplinary process and was docked eight hours of pay for failing to collect Low’s clothing and for not “speaking” to a supervisor about the crime scene location.

No other officers have been disciplined for their actions, and Low said after the hearing that she fears the integrated sex assault unit’s practices haven’t improved, though two constables and a sergeant have been added.

She was also critical of the process she’d gone through, noting that during the hearing lawyers raised their voices during cross-examination, and the board chair Jean McKenna at one point criticized her for her body language as she reacted to testimony.

“When I had facial expressions or discomfort, I was spoken to, yet other actors here could just get away with how they treated me,” she said.

More than four years after her initial complaint, she described herself as exhausted yet determined to continue pushing for improved investigations of sexual crimes.

“I want to continue bringing this to the citizens of Nova Scotia, and let’s make a change,” she said.

The hearings have concluded and the parties have two months to make final written submissions.

This report by The Canadian Press was first published July 20, 2023.