(Abbotsford Times) – Abbotsford police are recommending charges following their investigation into the conduct of a Kelowna RCMP officer who was caught on video and appears to kick a man in the head during an arrest.
The Abbotsford Police Department announced Sunday that a charge of assault causing bodily harm will be recommended against the officer for his behaviour during the arrest of Buddy Tavares on Jan. 7.
The officer was put on administrative duty after Kelowna journalist Kelly Hayes, who works for Castanet.net, recorded the incident on his iPhone.
Hayes told The Vancouver Sun he was sure the officer had kicked the man in his face during the incident.
The APD investigation into the officer is near completion with only administrative tasks and a written submission of the report to Crown to be filed, said Abbotsford police Const. Ian MacDonald.
The outcome of criminal proceeding has a bearing on the internal proceedings and vice versa. If any evidence is left out of the internal hearings that came to light during trial or appeal the entire internal proceedings could be subject to appeal. As a general rule the internal proceedings are adjudicated last. Sometimes new internal charges are mustered by the criminal side.
The RCMP have been criticized by the courts in the past when the internal and criminal investigations are done at the same time allowing evidence from both to co-mingle. Evidence rules for each line of investigation are different. Internal proceedings result in decisions based on “balance of probabilities” and criminal are based on “beyond a reasonable doubt.” Opinions, hearsay evidence, etc. may be admissible in the internal aspect but not in the criminal. You obviously have not read the links I supplied to you previously D.
Before you screech about the prima facia evidence of the video in this particular case, the rules apply to every proceeding, not just a selection. This may be a “slam dunk” situation, however, the rules are still followed. They have to be lest there be grounds for appeal. So yes their hands are tied by the present legislation, labor law, case law, procedures and rules of evidence. It is what it is.
Hot debate. What do you think?
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