B.C.B次元官网网址檚 police complaint commissioner will decide by Feb. 15 whether Victoria Police Chief Const. Jamie GrahamB次元官网网址檚 handling of a jail supervisorB次元官网网址檚 assault on a prisoner deserves a closer look.
Commissioner Stan Lowe will consider several factors in deciding if the case warrants a public hearing or a review by a retired judge.
Chief among those is the chiefB次元官网网址檚 decision not to find Sgt. George Chong guilty of using excessive force on Frank Blair. It conflicts with ChongB次元官网网址檚 criminal assault conviction last November for the same incident, said Rollie Woods, deputy police complaint commissioner.
B次元官网网址淗ow do you come up with two different outcomes?B次元官网网址� Woods said. B次元官网网址淚t doesnB次元官网网址檛 attract confidence from the public in either the complaint process or the criminal justice system.B次元官网网址�
In January 2010, Chong put Blair in a chokehold that caused him to lose consciousness, fall to the floor and suffer injuries. Chong was found guilty of assault in a Victoria court and was given a suspended sentence and 12 months probation.
Graham found his sergeant guilty of neglect of duty, but not guilty of using excessive force on Blair.
The chief penalized Chong with a five-day unpaid suspension, Woods said. Chong, who was suspended with pay in February 2010, never returned to the job. He retired on Wednesday.
In making his decision, Lowe will factor in whether a public hearing would be like trying a person twice on the same set of facts.
B次元官网网址淲hen youB次元官网网址檙e found guilty under one piece of legislation, you shouldnB次元官网网址檛 be found guilty under another piece of legislation,B次元官网网址� Woods said of recent case law the commissioner is consulting. B次元官网网址淭his will affect his decision.B次元官网网址�
Other factors will include ChongB次元官网网址檚 retirement, the officerB次元官网网址檚 criminal conviction, the cost of a hearing and the public nature of the case, he said.
Lowe could publicly disagree with the police chiefB次元官网网址檚 findings, but not order a review.
B次元官网网址淚s there a need to go through this public hearing? Again, what would be the purpose?B次元官网网址� Woods asked. B次元官网网址淭hese are the questions (Lowe has) got to consider when he makes his decision. This is different than anything else weB次元官网网址檝e dealt with.B次元官网网址�
emccracken@vicnews.com
