Whistleblower calls

for fair treatment Man raised concerns over sex

offender working with air cadets

CHIP MARTIN, QMI AGENCY

FIRST POSTED: FRIDAY, FEBRUARY 24, 2012 12:04 AM EST | UPDATED:

FRIDAY, FEBRUARY 24, 2012 12:18 AM EST

Kevin Acs says he was treated unfairly after bringing up concerns over the

presence of a sex offender around youth in a London air cadet squadron.

(Submitted photo)

LONDON, ONT - Almost a year before a sex offender was asked to leave a London,

Ont. air cadet squadron amid parent concerns, superior officers were trying to keep him

involved because he was important to their plans.

An e-mail from the chair of the Air Cadet League of Canada's Ontario Committee to

officers involved in 27 Air Squadron reveals all knew Roger Micks had a criminal past. A

volunteer at the squadron for six years, Micks participated in cadet activities while

wearing the uniform of a civilian instructor.

"Everyone's high regard" of Micks was cited in the e-mail QMI Agency has obtained. It

was sent by Don Berrill, the same officer who 12 months later wrote parents to ensure

them all security protocols had been followed by cadets and the Department of National

Defence because "both organizations take extreme care to ensure that our respective

members are fully suitable for this role."

In that letter, he blamed QMI Agency for creating worry among parents.

Berrill had met the parents a few days earlier to address their concerns.

At that time, officials insisted the conviction of Roger Micks for gross indecency had little

to do with sexual activity and might have been as inconsequential as urinating in public.

Berrill's letter did note, however, Micks was "no longer permitted to participate" in cadets

or the squadron.

Micks, now 51, joined the squadron in 2003 as a volunteer. Eighteen years earlier, in

1985, he was convicted of gross indecency for an incident involving a 15-year-old boy at

a London restaurant where both worked. In June 2009, Micks obtained a pardon at the

urging of squadron brass. He was back in uniform a few months later.

He could not be reached for comment Thursday.

On March 10, 2009, Berrill sent an e-mail to a handful of recipients, including 27

Squadron commanding officer Maj. Sharon Tambeau, noting "everyone's high regard

for this individual . . . we recognize clearly how important Roger is to your current

plans."

The e-mail was marked "please treat as confidential -- not for circulation."

Berrill warned the recipients that cadets might be at risk because with his criminal

conviction Micks could not pass a screening test for adults who deal with children. He

added the Western Ontario detachment of the cadet support unit of national defence

was "surprised" Micks was involved in the squadron and that Tambeau was told about

that.

Berrill suggested the issue could be revisited if Micks obtained a pardon.

Meanwhile, the whistleblower in the case is grieving his treatment at the hands of

Tambeau and others.

Kevin Acs, now 54, a second-lieutenant, was transferred from his volunteer duties at 27

Air Squadron when he raised concerns for children in the presence of Micks. He says

he was gagged, put on leave, lost wages and pension credits and had his reputation

smeared in a coverup.

Acs' lawyer, Don Fulton, a former reservist and member of the Judge Advocate

General's office, who is preparing the grievance, said Acs was wronged.

"I believe in him," Fulton said of Acs, who after being placed on leave, eventually found

a position with an army squadron in Exeter, Ont.

"I would like to see some action taken with respect to the person who engineered this

shunning and coverup," Fulton said. "I would like to see a serious effort to prevent this

happening in the future."

He said it was clear Acs was victimized by Tambeau, whom Fulton likened to "a petty

dictator."

For his part, Acs is succinct: "Any time you put a sex offender with kids, they are at

risk... They made me feel like the bad guy here and I am not the bad guy," he said. "I

was doing my job to protect kids and that's the bottom line."

When contacted Thursday, Tambeau refused comment and referred questions to

superior officer, Maj. Lloyd Sainsberry, Western Ontario detachment commander for

cadets with the Department of National Defence.

Sainsberry said the right to grieve exists and he had no information about any such step

planned by Acs. And he wouldn't comment on Tambeau's views about Micks.

Berrill couldn't be reached, and the Ontario branch of Air Cadets said only that

executive director Scott Lawson could provide comment to the media. None

materialized Thursday.

Tom Weihmayr, a reserve member for 14 years and whose son spent two years at 27

Squadron, said he believes safety of cadets was compromised by squadron leadership.

"Given the standard of care I had to provide when I was an officer, I believe that

standard of care was not adhered to in this particular case," he said.

"I would urge anyone who has been victimized in any way to come forward, not just for

their own closure, but for protection of others in the future."

chip.martin@sunmedia.ca

twitter.com/ChipatLFPress