Crime & Punishment

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IIO missing the obvious, again

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On Thursday afternoon a robbery was attempted at the Canadian Tire store on Grandview Highway at Rupert in east Vancouver.  The suspect, Daniel Peter Rintoul, 38, a large white male, 6’1”, 380 llbs., allegedly stabbed a clerk in his 50’s then broke into a long rifle cabinet. Whether he retrieved  one or more rifles and ammunition depends on which reports you read.

What I do know is that on Friday I was contacted by Global TV reporter Rumina Daya to review  five minutes of citizen journalism video and to comment on it. Snippets of the video were broadcast on Global’s six o’clock news hour broadcast that evening. You can watch those reports here.

On the video you can see two VPD plainclothes officers attempt to arrest the large man as he exits the store. In the ensuing ground fight, the sort of wrestling match police officers everywhere get in on a regular basis, one of the officers clearly gets stabbed multiple times. He jumps up holding his abdomen, points his weapon at the big man and fires. His partner is extricating himself and in the video it’s not clear if he fired his weapon as well.

The stabbed officer then falls backward. A uniformed officer carrying a long-barrelled weapon trains his weapon on the downed suspect outside the kill zone of 20 feet.

The stabbed officer’s partner moves quickly to check on his downed partner, sees the wounds, quickly gloves up and begins first aid. The suspect can be clearly heard screaming numerous times, “Finish me off.” The officer with the long-barrelled weapon, keeps trained on the suspect and keeps his distance.

As the suspect is yelling and starts getting to his feet he lets off a blast of bear spray. You can clearly see the spray being released as he is yelling at the police to kill him. When he gets to his feet with an arm extended, likely with the knife used to stab two people so far, more shots are fired. Judging by the sounds I heard, it sounds like a short volley of C8 and 9mm suggesting another officer is present and fired but is not apparent from the viewpoint of the video shooter.

As the second volley of shots is being fired, the partner who was applying first aid to the stabbed partner, grabs the downed officer by his collar and drags him from the fray. The second volley of shots killed Rintoul.

The following day, VPD Chief Constable Adam Palmer told the assembled media that an elderly male hostage was taken by the suspect prior to exiting the store. Fortunately, that man managed to get away and wasn’t harmed. How isn’t entirely clear at this point. Perhaps that’s where the VPD injected themselves into the fray. On the video I viewed, that wasn’t clear.

But Palmer also said the following, “The actions of our officers were absolutely heroic. I’m very proud of the way they performed yesterday.” Good for the Chief because that is exactly what I saw on the video.

Palmer continued, “We tried to use the least amount of force possible to take him into custody, and when that was not possible, lethal force was used.”

And good on the Chief I say. It happens far too rarely that a senior police executive takes a stand backing his people at the sharp end of things. So far, I have seen that several times from this Chief.

As is the norm, the Independent Investigations Office (IIO) was called in to investigate the actions of the police. While I harbour no illusions about the competence of the IIO, I was a little surprised to see a communication come from the IIO Monday, four days after the shooting, asking for anyone who had video of the events to please come forward.

Well, I saw five minutes of raw video on Friday, the day after the shooting provided to Global BC. Several days later the IIO is asking folks to voluntarily come forward with video?

They already know Global has video which has been broadcast. Gee, I don’t know, maybe their crack investigators should write an Information to Obtain a Search Warrant to get a judge or JP to issue a warrant they could produce to Global.

News organizations won’t simply provide evidence like that to police when asked, but they will when instructed by court order. The media expect that. They have to maintain a separation from authorities and they probably already have a DVD cut awaiting the IIO. That’s just a guess, but I bet I am not far from the truth.

The video was broadcast on the six o’clock news on Friday. A competent investigator should have been standing in their newsroom before the credits were rolling. Or at the very least within a couple of hours. But to issue that sort of vanilla plea for information and video from the public four days later, followed up by a press conference in the hopes citizen journalists who provided video to newsrooms might come forward just speaks to their level of competence.

The initial Chief Civilian Director may have been pushed out the door and a career bureaucrat meekly put in his stead. But, if I were one of the VPD officers designated ‘subject officers’ having been involved in this “heroic” incident, I’m not sure how much confidence I would have in those holding me in judgment.

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Leo Knight

@primetimecrime

Written by Leo Knight

November 15, 2016 at 6:20 pm

Posted in Uncategorized

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Hindsight is 20/20 in YVR case

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Two of the four RCMP officers involved in the incident at YVR that resulted in the tragic death of Polish traveller Robert Dziekanski were found guilty of perjury in bizarre decisions and given custody sentences. I don’t believe either will serve any time at all. And the reality is that none of the four needed to be put through the hell that they have these last seven years.

Both Cpl. Monty Robinson and Cst. Kwesi Millington have filed appeals of their convictions and given the other two Mounties involved were acquitted at bar and the Crown appealed one and was soundly defeated in the Court of Appeal, it seems likely the appeals will be successful. At least I hope that will be the case. I have stated this before and will say so again; not one of those four officers did anything wrong. They responded according to their training and the RCMP policy such as it was at the time.

For them to be in criminal proceedings at all is a travesty. Let alone for the trumped-up charges of perjury.

Throughout, the media narrative has been relentless all based on misconceptions that could have easily been cleared up had only the RCMP as an entity, done a better job of communicating with the public instead of hunkering down in the bunker, so to speak, and hoping things would blow over.

The fall-out of those bad communications decisions resulted in the convictions against two of those members for perjury, mind you, nothing to do with the events at YVR. Which in itself, is ludicrous. In the Millington case as an example, Mr. Justice Ehrcke decided that a perjury was committed because he “inferred” they must have colluded. The alternative is that he could have “inferred” they were telling the truth, which they were.

What Ehrcke ignored, conveniently, was it was physically impossible for the four members to have colluded at the Sub-Detachment following the event simply because Robinson as the supervisor on the scene remained at YVR awaiting the IHIT investigators while the other three went to the Sub-Detachment to make their notes and await Robinson and the IHIT investigators.  In the interim, Sgt. Mike Ingles, their Staff Relations Representative, arrived at the sub-detachment and sat with the members. Yet somehow Erchke arrived at the decision he did and in my opinion will be overturned on appeal.

But more telling to me is the phone call made by S/Sgt. Ken Ackles, who was oncoming watch commander in Richmond a few hours after the event. He called Robinson’s cell and asked what had happened. Robinson said, ironically, “Don’t worry Staff, we’ve got a video that shows the whole thing. There’s no problem.” He was, of course, referring to the so-called Pritchard video.

Now, I ask you, if Robinson believed for a minute there was anything wrong with the handling of the event or indeed, that they had some need to collude, to get their story straight, why would he say that to Ackles?

Why would all four give statements to investigators voluntarily without benefit of counsel as they were advised by Sgt. Mike Ingles?

The answer of course is simple. They believed they had handled everything appropriately and had done nothing wrong. After all, as Robinson said, they had the video which backed them up. Little did he know what effect that video would have once the uninformed media got hold of it.

The problem was an error made by media liaison officer Sgt. Pierre Lemaitre at the first media briefing where he gave some inaccurate information to the assembled media that could have been easily corrected in a subsequent press conference simply by saying something like, “We apologize but Sgt. Lemaitre gave you some inaccurate information yesterday based on the information he had at the time. Subsequent investigation has revealed . . . ”

Had the RCMP done that, the story would have died a death within the news cycle. But they didn’t.  The Inspector in charge of IHIT at the time, Wayne Rideout, who is now part of the senior management team for the RCMP in BC, made the decision not to correct the record. Lemaitre was removed because essentially the media labelled him a liar and he had lost whatever credibility he had earned over the years.

Everything resulted from that one, stupid decision by Rideout. The Braidwood Inquiry and it’s wrong-headed conclusions, the subsequent Kennedy report, the Special Prosecutor and the resulting criminal charges against the four officers, everything, resulted from that one ill-advised decision.

The other thing that has not occurred is that the RCMP has never once said publicly that their members reacted according to their training and within policy as it existed at the time. They’ve said it privately behind the scenes when the senior management declined to order a Code of Conduct investigation against the YVR four.

In policy, a COC can be ordered against a subordinate officer within one year of the event in question. On the evening before that year was up following the incident at YVR, then Commanding Officer, Deputy Commissioner Gary Bass sent out an email to senior management saying that “tomorrow is the expiration of the COC period and unless I hear anything to the contrary, it will expire.”

No one in senior management offered a word in disagreement. And, that includes current Commissioner Bob Paulson. But they, as the senior management team, stood mute in public as the Force in general and the YVR four in particular, were being pilloried in the media.

Had they not done so, I believe they would have avoided the ensuing public relations debacle and the resulting damage done to the reputation of the iconic national police force.

In conversation with Bass recently,  I asked him about his position on the YVR four. He said, “I continue to be of the belief that the four members acted in accordance with their training and the policy at the time and that I never saw any indication that they committed perjury.”

Well, I asked, why not say that publicly at the time? He responded, reasonably I suppose, that while in the position as Commanding Officer of E Division it wouldn’t have been appropriate with all that was going on, with what he called a media “feeding frenzy.” But that now, as a retired civilian, he is free to speak.

Fair enough. I then asked about the decision not to correct the Lemaitre statement that led to all the troubles that resulted. He said he was not aware of the decision at the time, but that he felt as the CO he had to trust the decisions made by his unit commanders.

Also fair enough. But, I can’t help but think that had he engaged in that conversation with the officer in charge of IHIT and reviewed that foolish decision, a lot of grief might have been avoided. Not to mention the north of $50 million the incident has cost the taxpayers so far.

But then, hindsight is 20/20.

-30-

Leo Knight

@primetimecrime

Written by Leo Knight

August 20, 2015 at 2:57 pm

Posted in Uncategorized

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