RCMP Watch

Ian Mulgrew (Vancouver Sun) -  Paul Kennedy, chair of the commission for public complaints against the RCMP, says the Mountie who shot and killed B.C. millworker Ian Bush after arresting him outside a hockey rink for a misdemeanor acted in self-defence.

But Kennedy nevertheless launched an inquiry Thursday into the public perception the force has inadequately investigated such in-custody deaths over the last five years.

Releasing his 106-page report into the Oct. 29, 2005, tragedy at the Houston RCMP detachment, Kennedy said the North District Major Crime Unit conducted a highly professional investigation “free from any manner of conflict of interest, bias or partiality” into the slaying.

He also concluded that Constable Paul Koester feared for his life during the altercation that erupted while he was charging the 22-year-old Bush for having an open bottle of beer and giving police a phony name when questioned about it.

“After carefully considering the circumstances, I concluded that Constable Koester had a reasonable apprehension of death and believed that he could not otherwise preserve himself from death other than to use lethal force,” Kennedy said. “Accordingly, Constable Koester acted in self-defence.”

He maintained the public had seriously misunderstood what occurred both at the scene and in the police investigation, which was why he is going to look at a sample of in-custody death or serious injury incidents involving the RCMP across Canada in an effort to restore confidence in the national force.

Kennedy noted several serious problems with the investigation into the shooting and made nine recommendations he thought might prevent such incidents in future - the most salient that recording equipment be installed in areas where prisoners and police interact.

He said he hoped the report would improve policing across Canada and help the Bush family with their healing process.

But mother Linda Bush sat listening to his media conference shaking her head. She said he could have had the courtesy to talk to the family before releasing his report and should have visited Northern B.C. to see first-hand the relationship between the Mounties and residents.

She said the report continues the whitewash about her son’s killing and the family will never get answers.

“There is no justice for Ian,” she said. “There has only been one investigation and that was by the RCMP and that is the only story we have ever heard.”

The 28-year-old Koester, who had been stationed in the small Interior town and on the job for barely five months, says Bush sucker-punched him while being booked in an interview room.

Koester, who stands 6-4 and weighs 180 pounds, insisted the six-foot, 187-pound laborer was atop his back choking the life out of him when he managed to free his gun.

In a physical feat even RCMP investigators conceded was worthy of a contortionist, the Constable got the gun behind his own back, up to the back of Bush’s head and shot him.

He refused to reenact what happened for investigators and the coroner’s inquest that was held earlier this year.

The Bush family believes it happened the other way around - with Koester atop Bush pistol-whipping him when his service pistol discharged.

They feel the RCMP investigation into the killing was little more than a coverup and that other agencies such as the coroner’s office have shown no enthusiasm for truly trying to find out what happened.

They have raised numerous concerns with the police-work - for instance, it took investigators three months before detectives conducted a face-to-face interview with Koester and even then, they provided him with a copy of their questions in advance.

Linda Bush said the complaint commissioner sounded like an apologist for the RCMP.

Kennedy conceded Staff Sgt. Rod Holland, the senior Mountie on the scene, failed to make adequate notes and needed “appropriate operational guidance.”

And he criticized Constable Darren Woroshelo, who was Koester’s mentor, for talking with his protégé in private immediately after the shooting.

Kennedy said such conduct “is directly related to the issue of impartiality of the police investigating the police, an issue that is at the forefront of public concern.” Woroshelo was directly involved in the decision to arrest Bush and take him to the station, Kennedy said, so he had “an obvious vested interest in the outcome….

“Regardless of actual impropriety, this type of situation invites dangerous speculation about whether or not Constable Woroshelo conspired with Constable Koester in regards to what occurred.”

His report also appeared to contradict evidence heard at the inquest - he says in his report Koester failed to locate a full unopened bottle of beer Bush was carrying.

As a result he says Koester should not have been promoted from field training while the investigation into the incident was under way.

“The [RCMP] Commissioner agreed that Constable Koester receive operational guidance and/or refresher training regarding the need to conduct thorough searches of prisoners,” Kennedy said.

But at the inquest, police and civilian witnesses were unable to explain the origin of the unopened beer found at the scene of the struggle.

And although he tried to emphasize the force was being unfairly maligned, he acknowledged the Mounties won’t admit they’ve got so much as an image problem.

“The Commissioner’s refusal to recognize the existence of the perception of a lack of impartiality in this situation is unfortunate and fails to enhance public confidence in the ability of the police to investigate the police,” Kennedy concluded.

RCMP Commissioner William Elliott in an eight-page letter responding to Kennedy’s findings said he would implement most of the recommendations.

But he took issue with the suggestion visual and audio recording equipment be installed in all areas where prisoners are dealt with and released as not absolutely necessary.

And he didn’t think the force needed a new communications strategy that emphasized more openness with the media and the public.

Kennedy disagreed: “Had Constable Koester dealt with Mr. Bush in the Houston RCMP Detachment cell block and had the events been recorded on videotape, this would have dramatically reduced the public outcry and negative perception about the RCMP that have stemmed from Mr. Bush’s death while in RCMP custody,” the complaints commission chair said.

He said more transparency about the process of investigating the incident would also have prevented much of the public controversy.

Kennedy said his new inquiry would look into:

.whether the RCMP members involved in these investigations conducted them free of actual or perceived conflict of interest, whether they responded appropriately and proportionately to the gravity of the incident, whether they responded in a timely fashion and whether their conduct adhered to the standards set out in the RCMP Act;

.whether these same RCMP members complied with all appropriate policies, procedures guidelines and statutory requirements for such investigations;

.and whether existing RCMP policies, procedures and guidelines are adequate to ensure that fair, effective, thorough and impartial investigations are carried out by RCMP members when investigating fellow RCMP members. imulgrew@png.canwest.com

Recommendations:

1. The RCMP amend its field training evaluation procedures to ensure that the final field evaluation of new members is not concluded until all outstanding member investigations, of a serious nature, are concluded.

2. Operational guidance and/or refresher training be provided to Constable Koester regarding the need to conduct thorough searches of prisoners.

3. The RCMP install automated CCTV recording equipment in every RCMP detachment in areas where prisoners are dealt with and released.

4. The RCMP immediately retrofit the Houston RCMP Detachment to incorporate a separate area within the cell block in which to deal with prisoners and from which to release them.

5. The RCMP amend national policy to require that prisoners be dealt with and released from the cell block in all RCMP detachments.

6. The RCMP retrofit RCMP detachments that do not have a separate area in the cell block in which to deal with prisoners and from which to release them.

7. The RCMP develop policy that provides direction to on-scene RCMP members in major cases involving investigation of police conduct, i.e. situations where the police investigate the police, including the need to ensure real and perceived impartiality.

8. The RCMP develop a policy that dictates the requirement, timeliness and use of the duty to account that members are obliged to provide.

9. The RCMP develop a media and communications strategy specifically for police-involved shooting investigations that recognizes the need for regular, meaningful and timely updates to the media and to the public.

In addition, the media and communications strategy should include a publicly available general investigative outline of the steps to be taken and the anticipated timeline for each step.