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BENNETT JONES

Grant N. Stapon                                                                                                           Bennett Jones LLP
Direct Line: 403.298.3204                                                                                         4500 Bankers Hall East
e-mail: stapong@bennettjones.ca                                                                                      855 2nd Street SW
                                                                                                              Calgary Alberta Canada  T2P 4K7
Assistant: Shelley Austin                                                               
Direct Line: 403.298.3205                                                                                                Tel 403.298.3100
e-mail: austing@bennettjones.ca                                                                                        Fax 403.265.7219
Our File No.: 1465-682
Your File No.: 17048/SGJ                                                                                            www.bennettjones.ca

July 19, 1001                                                                                                        VIA FACSIMILE

Mr. Stephen G. Jenuth
HO MacNEIL JENUTH
Barristers & Solicitors
Sunlife Plaza II
680, 140 - 4th Avenue S.W.
Calgary, AB  T2P 3N3

Dear Sir:

Re: Juan Melendez-Hernandez

Further to our ongoing involvement in this matter, we confirm that we are counsel for the Calgary Police Service.

As it appears that criminal charges in connection with this matter are likely to be withdrawn, the Office of the Chief of Police is not longer constrained in connection with your clients and his associates' communications on the matter. We have opined to the Chief of Police that substantial website and media advice which has occurred  to-date, have been defamatory and is actionable. No steps have been taken in that regard, since the matter has been before the courts.

Now that the matter is seemingly only before the LERB, however, we would suggest that your client and his associates utilize appropriate caution and restraint in connection with their further communications with the public and media. We are pleased to receive your advice that the website in connection with this case has been withdrawn. If no further inappropriate activity or communications occur, it is unlikely that further steps will be taken to pursue the defamation issue, although the Calgary Police Service and the Office of the Chief do reserve all of their rights.

We would suggest that the best process to follow at this point in time is to simply have the matter appropriately aired in an official public forum before the LERB, where each side will have procedural and evidentiary safeguards to ensure that the facts of this case are fully aired and considered.

Kindly have your client and his associates govern themselves accordingly.

Yours truly,

BENNETT JONES LLP

(Signature)

Grant N. Stapon
GNS/sa
 

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