Pubdate: Wed, 01 Jun 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.)

BELIEVE ADDICT, NOT 'HERO' COP, LAWYER TELLS POLICE HEARING

First Stage Of Hearing Into Firings Of Two Officers Is Nearing Close

The adjudicator considering the fates of two police officers who may be 
fired for beating suspects in Stanley Park should accept the evidence of a 
drug dealer and addict over the testimony of the officer who reported the 
incident to police brass, says a lawyer for one of the cops.

David Butcher, the lawyer for one of the two officers whose dismissals were 
recommended by Vancouver Police Chief Jamie Graham over the Jan. 14, 2003, 
incident, told a police complaint hearing that Jason Desjardins' story 
about the assault on him is closer to the truth than that of Const. Troy 
Peters, who was standing at least six metres away.

Desjardins has 36 criminal convictions, including property crimes.

During his testimony, Desjardins described being pushed into the back of a 
police wagon but not being repeatedly kicked, as Peters testified.

As Butcher began his final submissions in the first phase of the hearing, 
he compared the extent of damage to the three victims and the amount of 
force the officers allegedly used in assaulting them as described by 
Peters, who Graham has called a hero.

"Each of the officers was equipped with an ASP baton, pepper spray and a 
gun," he said. "Each of them is capable of inflicting tremendous damage on 
a suspect.

"They were unjustifiable and unforgivable assaults, but there was not 
tremendous damage inflicted."

Dana Urban, counsel for the police complaint commissioner, wrapped up his 
submissions yesterday by hammering the general occurrence report filed by 
Const. Duncan Gemmell, whose job is on the line at the hearing, along with 
Const. Gabriel Kojima's.

Gemmell admitted filing a misleading report, which set him apart from four 
other officers who kept their jobs.

Butcher is expected to finish his submissions this morning, then David 
Crossin, Kojima's lawyer, will make his submissions. Adjudicator Donald 
Clancy must then make findings of fact, a process that should take at least 
two weeks, before the hearing considers whether the officers should be fired.
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