For the undercover RCMP officer tasked with becoming Dean Penney’s best friend, the over four years of work spawned a true friendship.
The officer, who can only be referred to by a pseudonym, Vic, detailed years of connection between the two men in Supreme Court in Corner Brook Wednesday — which came with reciprocated loyalty, a connection over hobbies and a desire that things turned out differently.
“I felt, throughout this operation, quite honestly, that at the end of this, I hoped that there was a different outcome,” said Vic, who was shielded from the gallery but visible to the counsel, justice and jury.
“Mr. Penney is not seated in the place that I necessarily wanted him to be. But that’s just not the way that things worked out … Had I not been sitting here today by Mr. Penney and a court and a jury and counsel, I would have been quite happy.”
On Tuesday, Vic told the court that he had known Penney since Sept. 13, 2019. He was tasked with connecting with Penney and recruiting him to join a fictitious criminal organization where he did odd jobs ranging from a courier for stolen police computers, to scouting for a fuel heist at the U.S. border in Alberta.
Vic spoke of the bonding time the two had over the years, but went deeper during his cross examination on Wednesday morning.
Friendships undercover officers made with Dean Penney were genuine, court hears at murder trial
Vic said the duo talked often about movies, television and much more. Penney told Vic he didn’t have to knock if he wanted to come by his home, and offered him food and a place to spend the night several times.
The duo spoke on holidays, Vic added, and exchanged multiple gifts with each other. Vic spoke of a soapstone sculpture of a polar bear that Penney had a carver make for him, which he called “quite the nice gift.”
Vic even told the court about spending Penney’s birthday with him in 2023 while on a job in Banff.
“We went to a Tim Hortons that morning and we went to get some coffees. So I grabbed some birthday timbits, and I actually brought the timbits back to the truck and sang Happy Birthday to Mr. Penney,” Vic said.
“I did my best [to sing]. Probably wasn’t very successful…I’m sure he did [appreciate it].”
Penney didn’t look at Vic during the examination, instead keeping his eyes forward toward the jury.
Penney is charged with the first-degree murder of his estranged wife, Jennifer Hillier-Penney. She went missing in November of 2016 and her body has never been found. Penney has pleaded not guilty.
Throughout his questioning of Vic, defence lawyer Mark Gruchy tried to draw parallels between Penney’s happiness and his involvement with the fictitious organization.
Penney and Vic openly discussed Hillier-Penney’s disappearance on Dec. 3, 2020. The court heard audio of their talk, as Vic wore a recording device.
“What am I supposed to do? I want closure. I wants closure as much as anyone,” Penney asked Vic.
“They gotta know that I had nothing to do with it … She was the mother of [my] f–king kids. I love her whether we were together or separated. I’d never hurt her. I’d never let anybody else hurt her.”
Penney also spoke of how Hillier-Penney’s belongings remained at home after her disappearance, with Penney telling Vic she “vanished.”
Vic replied by telling Penney that even if he was somehow involved, it wouldn’t change their friendship. Vic told Gruchy on Wednesday that he didn’t believe Penney would “bite” at the prompt.
In the months that followed, Vic told the court that he reconnected with Penney after the death of Penney’s mother. Ruby Penney died on Aug. 14, 2021 — a date Vic regurgitated without the need for help.
Vic told the court that Penney felt the effect of her death physically. He had lost around 25 pounds since their last meeting, he said, and was smoking marijuana frequently.
Penney also faced financial stress, the court heard, as his mother left him her cabin. He was concerned about the financial impact on him keeping up two homes, and said he wasn’t sure how he was going to manage.
Vic added that Penney let the house get dirty around him, noting that beer bottles he had seen months ago were still lying around.
Penney was approached the next day by Vic and other undercover officers, Vic said, with opportunities for the odd jobs within the staged criminal organization. During a meeting that day, Vic noted that Penney was well groomed and the house was cleaner.
Another audio recording, from Dec. 4, 2022, showed the value Penney found in support from the group. During a hunting trip following a successful job, Penney told the undercover officers how much he valued them.
“I’m paying you back for the help you’re paying me back,” Penney said. “I was down and out, man.”
Vic said he vouched for Penney within the organization — a staged part of the operation — and told Penney not to betray him. Gruchy quoted Vic in his questioning, saying Vic told Penney it would “break my heart.”
Vic told the court that even though it was staged, it was an emotionally intense moment.
“We bonded,” he said. “I meant what I said to Mr. Penney.”
A similar recording was heard later in the afternoon, expanding on a scenario Vic told the court about on Tuesday.
Vic made a fake confession to Penney in 2022 that he had killed an innocent man after a short struggle involving a knife in a debt collection gone wrong.
Penney could be heard supporting Vic, saying he would always have his back.
Vic will remain in cross-examination when proceedings resume Thursday morning.
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