RCMP Watch

Paul Walton (Nanaimo Daily News) - A Nanaimo provincial court judge, in dropping a charge against a local man of assaulting police, instead blamed a Nanaimo Mountie for creating the violent confrontation.

The decision was handed by Judge Allan Gould on Monday in staying charges of assault police and uttering threats against Shane Owen, 48.

On Nov. 25, 2005, Owen was walking down the street when the officer, who told the court that Owen had committed no offence but didn’t look right, decided to question him.

Owen told the officer to leave him alone, gave a Nazi salute and swore at him. Gould said that a more experienced officer would have “spoken in kind” to Owen and gone on his way. A Supreme Court of Canada decision states that only when there is reasonable suspicion of a crime can police force someone to comply with their requests.

Gould said the officer then “hounded” Owen into the behaviour that led to the charges. The officer’s actions were “akin to Chinese water torture” and his actions escalated the situation, said Gould, though he also said that Owen’s actions in part brought the unwanted attention on himself. Other officers attended what became a brawl and Owen was subdued with a Taser, batons and pepper spray.

Owen was then held in custody, “to which he should not have been subjected in my opinion,” said Gould.

The judge also found that the officer engaged in “retrospective reconstruction of grounds (for arrest)” at the trial in his claim that Owen was drunk in a public place. Gould said the officer’s motive were not malicious, but the result of inexperience and indecision. Owen’s lawyer, Doug Christie, said the police response was excessive given his client’s actions, which he acknowledged were impolite.

“We don’t usually get beaten by police and charged for being impolite,” said Christie.

Owen suffered injuries to his knee and shoulder that he said took two years to heal. Christie introduced photos in the trial showing Owen bruised and bloodied. Owen said he’s now the victim.

“Everybody in this whole case has been paid except me  it’s cost me a lot. I’ve watched nine cops get up there and lie,” said Owen.

Christie asked Gould about recovering costs, which the judge declined to do, and it remains unclear whether Owen will now sue, go to the RCMP public complaints commission or both. Christie said the RCMP now have the responsibility to review the matter and learn how to avoid such incidents in the future.

“I hope police will give better direction to constables on the street,” he said.