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Toronto 2005: Revelation
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Stanley Park
beatings
Park beatings by police
get public airing
Evidence against fired constables will finally be tested
Gerry Bellett, Vancouver
Sun, April 12, 2005
VANCOUVER - A public hearing
into the dismissal of two Vancouver police officers for assaulting
a trio of petty criminals in Stanley Park two years ago is the
only way to discover the truth of what happened, said Dana Urban,
counsel for the police complaint commissioner.
Urban told adjudicator Donald
Clancy, as the hearing began on Monday, that the proceeding is
unique.
Former constables Duncan Gemmell
and Gabriel Kojima asked for a review of the decision made by
Vancouver police chief Jamie Graham to fire them for their part
in the affair. Gemmell and Kojima will argue they should be reinstated.
Four other officers involved
received a variety of punishments, including demotions, after
the six pleaded guilty to assaulting three men they took from
Granville Mall to Stanley Park in a police wagon.
The officers were all members
of Team Four which patrolled District One. It covers the West
End and the crime-ridden Granville mall area, notorious for murders,
assaults, drug dealing and theft.
The men, with long criminal
records, were driven to a parking lot at Third Beach, removed
one by one from the wagon and beaten.
Gemmell and Kojima were dismissed
from the force a year later for discreditable conduct, with Gemmell
also being charged with writing a false report about the incident.
Police Complaint Commissioner
Dirk Ryneveld took into account public interest when ordering
the hearing and "whether there was a reasonable prospect
that a public hearing could assist in ascertaining the truth,"
said Urban.
He said the provincial court
judge who sentenced the officers for assaulting the men, and
the police chief, relied on admitted statements entered by Crown
counsel and defence lawyers.
"The respondents [Gemmell
and Kojima] admitted guilt ... yet in both proceedings no evidence
was led, either oral evidence or exhibits. The decision-makers
were not allowed, or required, to ascertain what happened in
Stanley Park and Granville Street on Jan. 14, 2003, in order
to determine the true facts.
"They were bound by the
facts before them," said Urban.
Neither the judge nor the police
chief could go "outside the box" to determine what
really happened.
Urban said the commissioner
was concerned that there was no evidence, presented in court
or at the disciplinary hearing, that was tested by cross-examination.
That procedure, Urban said, is accepted as the most reliable
way to come to the truth.
"It's in the public interest
that we now launch this evidentiary phase of the process in search
of the truth as to what these two officers did," he said.
He told Clancy -- who is retired
from the B.C. Supreme Court -- that it would be his duty to decide
if each of the disciplinary faults before Graham were proven
to a civil standard of proof.
Urban said he didn't think
that issue would be troublesome.
"The real issue before
you is ultimately whether or not the decision by the chief constable
to dismiss these two officers was appropriate, based on the evidence
you'll hear and tested by cross-examination," said Urban.
Another issue Clancy will have
to grapple with, said Urban, is whether, in a democratic society
such as Canada, it should matter that the persons against whom
the police acted were "disreputable."
Urban said the police witnesses
who will be called will give different versions of what went
on that night.
© The Vancouver Sun 2005\
Police avoid jail for
B.C. beatings
By JANE ARMSTRONG,
Globe and Mail, Jan. 6, 2004
Vancouver - Six Vancouver police
officers have avoided jail time for assault even though a provincial
judge said they all succumbed to "mob mentality" when
they packed three suspected drug dealers into a patrol van and
drove them to a secluded beach last winter for a beating.
At their sentencing hearing
yesterday, the most severe punishments handed out were house-arrest
terms for two officers. Two others received suspended sentences
and another two were handed discharges for their role in last
January's Stanley Park beatings of Jason Desjardins, Barry Lawrie
and Grant Wilson.
The crimes came to light when
Constable Troy Peters, a new recruit with only a few weeks on
the force, reported the assaults. He was with the officers part
of that night, but did not go to the park with them.
Provincial Court Judge Herb
Weitzel described Constable Peters as the lone "bright light,"
who despite his lack of experience demonstrated that he understood
the right thing to do "when police become themselves criminals
by virtue of their behaviour."
During the hearing, Judge Weitzel
rejected arguments that the officers acted in the "heat
of the moment" when they drove the three men to the furthest
reaches of the downtown park, then summoned each - one by one
- from the van for a beating.
During the sentencing hearing,
the court heard that the three victims have nearly 100 convictions
among them. Police arrested them that night on suspicion of dealing
drugs in downtown Vancouver.
But instead of taking them
to the police station, the officers drove them to Stanley Park,
roughed them up, then turned them loose.
Constable Duncan Gemmell, the
senior officer, filed an occurrence report that said all three
suspects were released at separate times and locations. He made
no mention of physical contact.
A week later, Constable Peters,
who is still with the Vancouver Police, reported what he knew
of the events to his superiors. He has not spoken publicly about
his action, but in a statement yesterday, deputy chief Bob Rich
acknowledged the role of Constable Peters.
"The reason we are here
today is because one of our own members stepped forward to bring
this matter to light. Time and time again our members have been
the ones who came forward when a member's conduct may be in question."
Police argued the beatings
were the result of pent-up frustration at dealing with the same
suspects time and again in downtown Vancouver. But Judge Weitzel
disagreed. He said police are trained to deal with this kind
of stress and concluded the beatings had all the trappings of
a premeditated attack.
"They let their frustrations
get the better of them. Rather than being a heat-of-the-moment
situation, it became a situation of mob mentality."
All six officers pleaded guilty
to the assault in a plea bargain last November in which the number
of charges against them was reduced to 18 from 33.
However, the lawyer for the
three beating victims, said some of the officers involved should
have been sent to jail. Others, added Phil Rankin, should be
fired.
"Frankly, if you want
to stop the police from doing these kinds of things, it's probably
better to put someone in jail, actual jail, and the other ones
will learn from that," Mr. Rankin said after the hearings.
He said the beatings were more
severe than the officers admitted. "There was a lot more
violence, a lot more kicking, a lot more hitting with instruments.
I have photographs of the injuries."
He also praised the recruit.
"I'm always impressed
when any police officer breaks from the gang mentality and breaks
with the code of silence.
"It's only the code of
silence - whether it's crooks, gangsters, police or anybody -
that makes these things happen. If they can't count on their
brother officers to keep quiet when they abuse people, then they
will stop doing it."
It's not clear how the sentences
will affect each officer's career. All have said they want to
keep their jobs. Their fates will be decided at a disciplinary
hearing beginning Jan. 15. Vancouver police have said they won't
comment on the case until after the hearing.
However, the president of the
police union said there's no reason the officers should lose
their jobs.
"There's no question they
made a mistake and today the judge imposed a significant sentence,"
Tom Stamatakis said outside court. But he noted that they have
apologized and sought treatment.
The officers showed no emotion
during the hearing. Afterwards, they brushed past reporters outside
the courthouse, refusing to comment.
Judge Weitzel said the sentences
were based on each officer's degree of involvement.
Constable Gemmell, who was
39 at the time of the beating and the oldest of the group, got
the toughest treatment, a 60-day conditional sentence during
which he can't leave his house from 8 p.m. to 7 a.m., plus six
months of probation. The judge said Constable Gemmell "set
the tone" for the beating. He poked Mr. Lawrie several times
in the chest and punched him. "Given his age, he should
have stopped the violence," the judge said.
Constable Gabriel Kojima, who
hit one of the men with his baton, received a 30-day sentence,
during which he can't leave his house at night, plus six months
of parole. The judge called his behaviour "egregious."
Constable Raymond Gardner received
a nine-month suspended sentence, plus six months of probation
for berating one man and shoving two others. Constable Brandon
Steele received a suspended sentence, plus six months of probation.
Constable Christopher Cronmiller,
who pushed Mr. Wilson, received a conditional discharge and six
months of probation.
Constable James Kenney, who
stood by while the beatings took place, received an absolute
discharge.
Crown attorney Robert Gourlay
said he will study the sentences before deciding whether to appeal.
© 2003 Bell Globemedia
Publishing Inc. All Rights Reserved.
Arrested woman wants officers fired, watch on
rest
Matthew Ramsey. Vancouver
Sun, December 05, 2003
VANCOUVER - The 29-year-old
woman who was also in the police wagon on the night three men
were taken to Stanley Park and assaulted by Vancouver police
officers is calling for an aggressive campaign to keep the police
in check.
Although Shannon Pritchard
was not assaulted by the officers, who dropped her off in the
West End before taking the males on to Stanley Park, she said
the Jan. 14 incident traumatized her and left her fearful of
police.
"They completely violated
me. To this day, I am completely terrified," she said during
an interview in which she described herself as a "pathetic
honest junkie" who is trying to stay off crystal methamphetamine.
She said she wants the six
officers fired and an independent group established that would
watch police in an effort to prevent similar incidents occurring.
All the officers pleaded guilty
to assault in provincial court last month, but Pritchard doubts
they are truly remorseful. "I feel completely unsatisfied.
What they did to me, they stripped me of all my power. I don't
see them as the helpers down here. ... I truly want zero-tolerance
for police brutality," she said. "They truly picked
on the wrong person that night. I won't give up."
Pritchard said she still has
no idea why she was arrested and bundled into the police wagon
that night. (The statement of fact read in provincial court in
November stated that Pritchard and the three victims were arrested
because police suspected they were conducting a drug deal, which
Pritchard vehemently denies.)
She is part of a civil lawsuit
filed by lawyer Phil Rankin against the six officers, but says
any potential financial settlement is secondary to her primary
goal of seeing the six fired.
"[Rankin] has made it
[the lawsuit] about the money. The guys [assault victims Barry
Lawrie, Jason Desjardins and Grant Wilson] have made it about
the money. I just want them fired. ... You'd think more would
come of it because these [police officers] are really bad dudes."
A Vancouver Cop Watch program
similar to those in operation in Toronto and Montreal was established
in 2002 by the Pivot Legal Society and the Collective Opposed
to Police Brutality. But Pivot executive director John Richardson
admits the program (and Pivot itself) is severely cash-strapped
and volunteers hit the streets to observe police at work only
about twice a month.
"Cop Watch is not going
to solve this. ... Nothing seems to be really working at this
point," he said. "I think there has to be a better
complaint process."
The complaint system now requires
complainants to go to the police and fill out a form, or go to
the office of the B.C. Police Complaint Commissioner and lodge
a formal grievance. Considering "the people who are most
often impacted by police misconduct are often the most marginalized,"
Richardson said there should be some kind of independent advocacy
group established to help them through the system.
Richardson said he is aware
of at least one instance when someone has filed a complaint with
the commission only to have the officer named in the complaint
learn of the filing and threaten the complainant.
"These officers are not
afraid of it. There's nothing to stop that [officer and complainant
interaction] in the system. It just assumes it doesn't happen
-- but it does," he said.
Pritchard said Pivot should
expand its focus on the Downtown Eastside and include the West
End and Granville Street areas where she says problems with police
are common.
"I'd love to," Richardson
said, but again it is a question of money. "It's all about
the resources for me."
In the meantime, Pritchard
said she is engaging in a Cop Watch program of her own, jotting
down notes and watching police behaviour downtown.
She's been in Vancouver since
2002 and collects cans to supplement her welfare cheque that
mostly goes toward the rent of her tiny hotel room. Pritchard
claims to suffer from acute stress disorder as a result of her
experience with the police and says there are many people downtown
who hate and fear the officers who are ostensibly there to protect
them.
"We're sick of it and
it's got to stop. ... I have to believe they're not all bad though,
because it's pretty scary if they are."
© Copyright 2003 Vancouver Sun
Four Vancouver officers
previously convicted of assault
Nov 26 2003, VANCOUVER.CBC.CA
VANCOUVER -Vancouver Police
admit there are currently four officers on the force who have
been convicted of assault prior to the guilty pleas from
six constables on Monday.
The issue came up on Tuesday
when reporters asked why the six officers convicted on Monday
were being kept on the force on paid leave.
Vancouver Police spokesperson,
Const. Anne Drennan, said a conviction for assault didn't automatically
mean a police officer would be dismissed.
She added that Vancouver Police
Department is no different than any other police force in that
there were officers on duty who had been convicted of criminal
offences.
But when she was asked how many current officers have convictions,
Drennan called the question unreasonable and ended the daily
news conference.
But Drennan was ready with
the answer on Wednesday. "We believe that there are four
officers that at one time or another have been convicted of common
assault," she says.
Drennan says those officers
went through exactly the same disciplinary process facing the
six officers who pleaded guilty on Monday.
The six admitted they assaulted
three men in Stanley Park last January. They have been suspended
with pay ever since the assaults occurred, and will be sentenced
next month.
They also face a civil lawsuit
filed by the three beating victims earlier this year.
Copyright © 2003 Canadian
Broadcasting Corporation - All Rights Reserved
Convicted cops could
keep their jobs
Nov 25 2003, VANCOUVER.CBC.CA
VANCOUVER -Vancouver Police
say six officers who pleaded guilty on Monday to assaulting three
people in Stanley Park last January will remain on paid leave
until a disciplinary hearing is held.
VPD spokesperson, Const. Anne
Drennan, says a criminal conviction by itself isn't enough to
dismiss the officers.
"Just because an officer
has been convicted of assault doesn't mean that officer has to
lose his job," she says.
Drennan says the decision on
the officer's futures is up to Police Chief Jamie Graham.
"There can be situations
where the chief may look at all the facts presented to him and
decide that under the circumstances, it's not necessary for the
member to be dismissed," she says.
Drennan says because of the
nature of the job, police often end up in fights with suspects
which can result in officers being convicted .
"Vancouver's no different,"
she says. "We have officers on the job who have been convicted
of assault."
But Drennan couldn't say how
many officers on the Vancouver force have been convicted.
According to the department's
basic recruiting requirements, police will not consider hiring
anyone with a past criminal conviction.
Copyright © 2003 Canadian
Broadcasting Corporation - All Rights Reserved
6 Vancouver
cops plead guilty to assault
canada.com, November
24, 2003
VANCOUVER (CP) - Six city police
officers admitted Monday that they assaulted three men in Stanley
Park earlier this year.
The Vancouver officers unexpectedly
pleaded guilty to three counts of assault in Vancouver provincial
court.
But charges of obstruction
of justice and assault with a weapon were dropped.
The officers sat stonefaced
during the afternoon hearing and would not speak to reporters
outside the court.
The decision to proceed with
guilty pleas was made by Robert Gourlay, a senior counsel retained
by the Crown to conduct a prosecution of the officers.
"They have admitted their
wrongdoing," Gourlay told reporters outside the court, adding
that sentencing would take place in December.
"Because it's now before
the court, I can't comment any further," he said.
The six constables have been
suspended with pay by the police department.
A lawyer representing the assault
victims in a civil suit said he was disappointed with the development
and disagreed with facts from the case read in court.
Lawyer Phil Rankin also questioned
why the other charges were dropped.
"Not that my guys are
good," said Rankin, referring to his clients. "They
aren't.
"They say they all have
problems," he said. "They all have drug problems. They
are all people from skid row."
The officers picked up the
three suspected drug dealers in downtown Vancouver early on the
morning of January 14. The men were driven to a private spot
in Stanley Park and beaten.
The officers charged were Christopher
Cronmiller, Raymond Gardner, Duncan Gemmell, James Kenney, Gabriel
Kojima and Brandon Steele.
A spokesperson for the police
department said she couldn't comment on why the other charges
were dropped.
"That's completely between
Crown and the defence lawyers," said Const. Anne Drennan.
The officers will also face
disciplinary hearings, headed by Chief Const. Jamie Graham, in
January.
Drennan also wouldn't comment
on whether the men could lose their jobs.
Graham will "hear all
the information that's presented to him and then it's up to the
chief as to what discipline would be meted out by the department,"
she said.
"We said at the beginning
of this that if there was ever wrongdoing on the part of our
members, we're the first ones to let people know that we don't
tolerate that kind of behaviour," said Drennan.
"I think seeing the process
underway like this is something very good for all of the members.
It does give us some sense of closure."
The department has recently
been plagued by allegations of corruption.
Earlier this year, two people
sued police after they were beaten while trying to leave a riot
outside a Guns 'N Roses concert that was cancelled.
The force has also been under
fire for how it handled the case of more than 60 women missing
from the city's Downtown Eastside over two decades.
© Copyright 2003 Canadian Press
|
Truth can never be
told so as to be understood, and not be believ'd. William Blake, The Proverbs of Hell
