The Office of the Police Complaint Commissioner will appeal a B.C. Supreme Court ruling that quashed a public hearing called for two Vancouver police officers involved in a controversial arrest that saw a man suffer a broken orbital bone.
The police complaint office announced in a statement Friday that it filed a notice of appeal in the B.C. Court of Appeal requesting the ruling be set aside in the case involving Vancouver Police Department constables Bryan London and Nicholas Florkow.
Despite the appeal, Rollie Woods, deputy police complaint commissioner, said B.C. Supreme Court Justice D. Allan Bettons Jan. 26 ruling to quash the public hearing scheduled for May still stands.
If we win, it will be back on, Woods told the Courier. If we lose, then its deadunless we go to the Supreme Court of Canada. But well cross that bridge when we get to it.
The case involves Yao Wei Wu, who was injured when London and Florkow mistakenly arrested him Jan. 21, 2010 as he answered the door to his Lanark Street house. Wu, a floor installer, suffered serious injuries including a broken orbital bone before police realized he was not the culprit in a domestic assault call.
The constables responded to the correct address but were not aware the call, which came from a cellphone, originated from Wus basement suite. Police arrested a man later in connection with the domestic assault.
As the Courier reported Jan. 26, Bettons decision to quash the hearing was not to determine the merits of Wus case, but whether Police Complaint Commissioner Stan Lowe had the right to order a hearing.
Betton concluded Lowe had many other provisions in the Police Act he could have used to review the investigation into the incident, including appointing a retired judge.
Lowe ordered the hearing after saying the Delta Polices investigation of the Wu incident was flawed. Lowe also alleged the constables committed an abuse of their authority in the performance of their duties and intentionally or recklessly used unnecessary force.
Wu has filed a civil suit against the constables.
Twitter: @Howellings
