Chief Civilian Director Makes Report to Crown Counsel (RCMP Hope) (2014-150)

INFORMATION BULLETIN
Independent Investigations Office
For Immediate Release

SURREY – Chief Civilian Director Richard Rosenthal of the Independent Investigations Office (IIO) has made a report to Crown Counsel with respect to an incident that took place in Hope involving a member of the Hope RCMP.

On August 25, 2014, shortly before midnight, police received and responded to a complaint from a local motel. There, officers located a male lying on the ground by the motel office.  According to police, while they were taking the male into custody, a second male (the affected person) became belligerent and non -compliant with officers’ directions to not become involved. The affected person was arrested and taken into custody.

While the affected person was being led to the police vehicle, he reportedly fell. He sustained serious injuries and was taken to hospital for treatment.

The IIO was notified at 1:55 a.m. on August 26, 2014. The  CCD sustained jurisdiction and a full investigation was conducted.

The completed IIO investigation was forwarded to the CCD. In examining the evidence, he determined that an officer may have committed an offence and as such, has sent the file to Crown Counsel.

The Chief Civilian Director does not make a recommendation on whether charges should be approved or what charges Crown Counsel should consider. Under the Crown Counsel Act, the Criminal Justice Branch has jurisdiction over the charge assessment and charge approval process.

In approving charges, the Criminal Justice Branch must be satisfied not only that an offence may have been committed, but that the commission of an offence can be proven in court beyond a reasonable doubt. Criminal Justice Branch policy provides that in making this assessment Crown Counsel will apply a two-part test:

•    There must be a substantial likelihood of conviction based on the evidence gathered by the investigating agency; and
•    A prosecution must be required in the public interest.

Under these circumstances, no public report will be issued by the IIO and no further information will be provided.

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