Two Vancouver police constables will not face a public hearing to review their conduct in a January 2010 arrest that left an East Side man seriously injured in a case of so-called mistaken identity.
In a written judgment released Thursday, B.C. Supreme Court Justice D. Allan Betton ruled the public hearing scheduled for May for constables Bryan London and Nicholas Florkow be quashed.
Betton pointed out his decision was not to determine the merits of the case involving Yao Wei Wu but whether the Office of the Police Complaint Commissioner had the right to order a public hearing.
This is not a decision that addresses the substance of the complaint, or in any way draws any conclusions regarding the conduct of the members who are the subject of the complaint, Betton wrote. The decision does not require that I deal in depth with the specific allegations of misconduct. It is sufficient to note the allegations are serious ones. There is no question that the injuries and impact of the event upon Mr. Wu have been significant.
The judge concluded the Office of the Police Complaint Commissioner had many other provisions in the Police Act it could have used to review the investigation into the incident, including appointing a retired judge.
[The OPCC] has the ability to direct that a retired judge scrutinize any decision that a police agency, acting as a discipline authority, makes with respect to complaints, Betton wrote. It is logical, therefore, that that process be concluded where one or both of those discipline authorities conclude that allegations of misconduct are not substantiated.
Police Complaint Commissioner Stan Lowe ordered the public 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.
The Delta Police had earlier cleared constables London and Florkow of any wrongdoing, despite the officers admitting to hitting Wu five times in the back with closed-handed tactical strikes. Wus face made contact with concrete when he was taken to the ground, the investigation added.
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 to Wus house on Lanark Street.
The constables responded to the correct address Jan. 21, 2010 but were not aware the call, which came from a cellphone, originated from the Wus basement suite, where a man was later arrested in connection with the domestic assault.
Wu has filed a civil suit against the constables.
mhowell@vancourier.com
Twitter: @Howellings
