Appeal court upholds sentences of former police officer and wealthy businessman in stalking case

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The three-year sentences handed to an unlicensed private detective and a wealthy Calgary businessman in connection with the stalking of the latter’s ex-girlfriend were upheld Wednesday by the province’s top court.

In separate unanimous decisions, a three-member Alberta Court of Appeal panel said the penitentiary terms for retired Calgary Police Service member Steve Walton and businessman Ken Carter were justified.

Both men had been convicted of criminal harassment in connection with the stalking of Carter’s former girlfriend, Akele Taylor, during a custody dispute over the child they shared.

Walton was also convicted of bribery and unlawful storage of a firearm.

The appeal panel did agree that separate 10-year and lifetime weapons prohibitions handed to Walton’s wife, Heather, for her conviction for careless storage were improper.

But they agreed with Crown prosecutor Brian Graff that some sanction was warranted, reducing Heather Walton’s prohibition to three years.

In detailing the facts of the case, the appeal judges noted both Steve Walton and Carter were found by Court of King’s Justice Glen Poelman to be the main players in the months-long harassment of Taylor.

“The trial judge found that . . . Walton and Carter were principals in the harassment of Ms. Taylor and their degree of moral blameworthiness was high,” they wrote.

They noted Carter hired Walton to conduct surveillance and gather information on Taylor during the couple’s acrimonious breakup.

“Mr. Walton engaged several active Calgary police officers to assist in that surveillance. Mr. Carter paid Mr. Walton who, in turn, paid the others as well as friends of Ms. Taylor to provide information about her.”

The appeal judges said the degree of harassment of Taylor was significant.

“The surveillance lasted many months and was highly intrusive. Mr. Walton went so far as to attach a GPS tracking system on Ms. Taylor’s vehicle. Much of the surveillance was intentionally overt, apparently to frighten Ms. Taylor.

“Indeed, communications between Mr. Carter and Mr. Walton indicated that they hoped the constant overt surveillance of Ms. Taylor would ‘push her over the edge,’ ” the appeal judges said.

“Th surveillance achieved its objective, Ms. Taylor was clearly frightened and feared for her safety.”

One of Carter’s grounds of appeal, rejected by the high court, was “that corrupt police officers are more blameworthy than civilians.”

Three police officers tried separately, Bryan Morton, Tony Braile and Brad McNish, were also convicted of charges in connection with the stalking, with Morton handed the stiffest punishment, a 30-month sentence.

“In this case, the difference in the involvement of Mr. Morton compared to Mr. Carter was significant,” the appeal judges said.

“Mr. Carter was involved in the harassment of Ms. Taylor from beginning to end. He financed it all and directed most of it. His stated objective was to drive Ms. Taylor ‘over the edge.’ ”

KMartin@postmedia.com

Twitter: @KMartinCourts