Pubdate: Thu, 28 Jul 2005
Source: Province, The (CN BC)
Copyright: 2005 The Province
Contact:  http://www.canada.com/vancouver/theprovince/
Details: http://www.mapinc.org/media/476
Author: Andy Ivens
Bookmark: http://www.mapinc.org/find?236 (Corruption - Outside U.S.)
Bookmark: http://www.mapinc.org/topics/stanley+park

'NON-CREDIBLE' COPS LOSE HOPE OF KEEPING JOBS

Chief Backed By Adjudicator

A police complaint commission adjudicator ruled yesterday two
Vancouver cops who took part in the beatings of three drug dealers in
Stanley Park in January 2003 should be fired.

Adjudicator Donald Clancy dismissed the testimony of the officers with
a harsh rebuke.

"I did not accept the version of events put forward by all of the
officers, including the respondents," constables Gabriel Kojima and
Duncan Gemmell, Clancy said.

"I found that their evidence was self-serving and unsatisfactory.

"I specifically rejected the testimony of Const. Gemmell that some
statements in his General Occurrence Report were mistaken and that he
had left out damaging particulars of misconduct in that report because
he was ordered to do so.

"I found that Const. Kojima was not credible particularly in denying
that he had made threats and unprofessional comments and in denying
that he had struck Mr. Wilson with his police baton."

Clancy's decision, which mirrored police Chief Jamie Graham's decision
to fire Kojima and Gemmell, came after a 29-day hearing on the facts
and four days of submissions on punishment.

The unprecedented hearing had been requested by the two
officers.

Four other constables were suspended for 20 days and demoted in rank
for their parts in the beatings of Barry Lawrie, Grant Wilson and
Jason Desjardins at Third Beach parking lot shortly after 5 a.m. on
Jan. 14.

Constables Jim Kenney, Brandon Steele, Ray Gardner and Chris
Cronmiller testified, as did Kojima and Gemmell, that the assaults
were merely technical and that the small amount of shoving amounted to
roughing someone up.

Clancy didn't buy it.

Const. Troy Peters, who was still in training, emerged as the hero in
the affair. Unable to live with what he had witnessed at Third Beach,
Peters blew the whistle.

Clancy noted the profound impact the firings would have on Gemmell and
Kojima.

"A letter from Const. Gemmell's wife shows that the effect of his
proposed dismissal on his family has been devastating," Clancy said.

"I have no doubt the same is true of Const. Kojima.

"Both officers have been unsuccessful in finding satisfactory
alternative employment."

Kojima is working as a bartender in Coquitlam.

Clancy said the beatings "had an impact on the entire force" and its
reputation "has been adversely affected."

But Phil Rankin, the lawyer for the three drug dealers,
disagreed.

"I don't consider this to be a black mark against the Vancouver police
force," he said.

"It's basically a good police force. But it's got a tendency among the
good cops to turn their backs when something goes wrong -- kind of a
code of silence."

Rankin criticized the view that because the the drug dealers were
unsavoury characters they deserved a good beating.

"If you sink to that, you're pretty well off the map," he
said.

He said he's negotiating with the city over a lawsuit filed by the
trio.

He said the amount he's seeking to settle the suit is "modest."
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MAP posted-by: Larry Seguin