Dan Ferguson, Surrey Leader
A Surrey RCMP officer has been found not guilty of assault causing bodily harm in connection with a Sept. 6, 2004 confrontation that was recorded by a home security camera.
A provincial court judge ruled Const. Andrew Grainger did not use excessive force when he shoved Harminder “Harry” Khosah outside Khosah’s Surrey home.Khosah, the 41-year-old owner of a mid-sized commercial trucking company, complained his shoulder was dislocated in a struggle with Grainger and two other officers at his large multi-storey home located on agricultural land near the corner of 48 Avenue and 151 Street.
The trial was told one of Khosa’s sons phoned 9-1-1 that evening to say his father was drunk, angry and threatening to kill his family.
Khosah denied he was drunk and released video of the arrest taken by his home security cameras to local television and print outlets.
The grainy black-and-white tape showed Khosah, barefoot and wearing shorts, stumbling and falling after Grainger pushed him.
Grainger testified that after Khosah was arrested and handcuffed, the Mountie grabbed him by the jaw and told him he shouldn’t treat his family that way.
Khosah then bit Grainger’s thumb and the officer and another constable dragged the homeowner to his feet.
Grainger said he pushed Khosah twice to get him to move in the direction of the patrol car, and Khosah stumbled and fell on the second push.
Judge Kenneth Skilnick said under those circumstances “this double-push tactic may be viewed as both necessary and reasonable.”
Khosah died in February of 2006 at his home. Harinder Girn, 23 has been charged with second-degree murder.
Girn’s B.C. Supreme Court trial is set to begin next February in New Westminster.
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