Derek Harvey Zenk's lawyer says he suggested the plea bargain that gave his client a conditional sentence.
Richard Wolson took the stand Monday at the Taman Inquiry, which is looking into why more serious charges of impaired driving causing death were dropped against Harvey-Zenk.
Wolson testified he didn't see any other way to go forward, and approached the special prosecutor, Marty Minuk, to work out a plea bargain.
"I phoned Mr. Minuk and I said to him, 'You've got a lot of difficulties in your case, especially about alcohol.' and he said 'I know.'"
Wolson testified that when the first preliminary hearing was adjourned in 2006, he fully expected it to go ahead the next year.
But he decided to work out a deal with the special prosecutor for what he called a flawed investigation.
"It doesn't take a legal scholar to see there are a lot of the issues here," he said.
Former Winnipeg police officer Harvey-Zenk was involved in a car crash that killed Crystal Taman in February, 2005. Wolson successfully sought to have three out of the four charges against his client dropped, including dangerous driving causing death.
Harvey-Zenk was handed a conditional two-year sentence which he's serving in his home. He is no longer a police officer and lives in Brandon.
Wolson told the inquiry he noted several flaws in the case, including a breech of Harvey-Zenk's Charter rights and questioned East St. Paul Const. Jason Woychuk's conduct at the scene.
"What I could see was, no Charter rights, no demand made for a sample -- according to Woychuk there was no basis to make a demand -- and while a demand is made later by [former Sgt., and now East St. Paul police chief Norm] Carter, the demand then is for blood, not breath."
Harvey-Zenk is expected to testify in early August.
With a report from CTV's Alana Pona.
