Cornwall Ontario Police Blotter – SIU Strip Search Pants Down – OPS Shows its Pride Monday Aug 26, 2013

DOMESTIC ASSAULT WITH A WEAPON, THREATS, MISCHIEF

 

Cornwall,   ON – A 34-year-old Summerstown, ON man was arrested on the 23^rd of August, 2013 and charged with Assault with a Weapon, Threats and Mischief. It is alleged that on the 23^rd of August, 2013 the man was involved in an argument with his 25-year-old girlfriend and threatened to harm her while in the yard of their residence. The woman who then locked herself in the residence was struck by the door when the man kicked the door open. Police were contacted and an investigation ensued. During their investigation they located the man who fled the scene at an Alice Street address. He was taken into custody and charged accordingly. His name was not released as it might identify the victim in the matter.

 

DOMESTIC ASSAULT, MISCHIEF, THREATS AND FORCIBLE CONFINEMENT

 

                Cornwall, ON – A 19-year-old Cornwall, ON man was arrested on the 25^th of August, 2013 and charged with Assault, Threats, Mischief and Forcible Confinement. It is alleged that on the 25^th of August, 2013 the man was involved in an argument with his 19-year-old ex-girlfriend while at her residence. During the argument he damaged her phone, pushed her, made threatening gestures and would not allow her to leave the apartment. Police were then contacted and an investigation ensued. During their investigation they took the man into custody and charged him accordingly. He was transported to police headquarters and held foe a bail hearing. His name was not released as it might identify the victim.

 

IMPAIRED OPERATION, DRIVE WHILE DISQUALIFIED

 

                Cornwall, ON – Wilbert Chrisjohn, 46 of Southwold, ON was arrested on the 24^th of August, 2013 and charged with Impaired operation and Drive while Disqualified. It is alleged that on the 24^th of August, 2013 the man was operating a motor vehicle while disqualified and under the influence of alcohol. The man was stopped by police on Thirteenth Street near Brookdale Avenue, taken into custody and charged accordingly. He was transported to police headquarters and later released with a court date of the 3^rd of September, 2013.

 

SEXUAL ASSAULT

 

                Cornwall, ON – A 37-year-old Williamstown, ON man was arrested on the 24^th of August, 2013 and charged with Sexual Assault. It is alleged that in the early morning hours of the 24^th of August, 2013 the man sexually assaulted a 22-year-old woman while at her residence. Police were contacted and an investigation ensued. During their investigation the man was located on Edith Street, taken into custody and charged accordingly. He was transported to police headquarters then later released with a court date of the 24^th of September, 2013. His name was not released as it might identify the victim in this matter.

 

THEFT UNDER $5000 AND BREACH PROBATION

 

Cornwall, ON – A 17-year-old Cornwall youth was arrested on the 24^th of August, 2013 and charged with Theft Under and breach of a Probation order for failing to keep the peace. It is alleged that the youth attended LCBO locations in Cornwall on the 19^th and 24^th of August, 2013 and removed bottles of liquor without making any attempts to pay. Police were contacted and an investigation ensued. During their investigation the youth was located by police on Brookdale Avenue, took the youth in custody and charged the youth accordingly. The youth was then transported to police headquarters and later released with a court date of the 19^th of September, 2013. The youths’ name was not released as per provisions of the Youth Criminal Justice Act.

from the SIU:

SIU Concludes Injuries Investigation in Moosonee

Case Number: 13-PCI-176

Mississauga (23 August, 2013) — The Director of the Special Investigations Unit (SIU), Ian Scott, has concluded that there are no reasonable grounds to charge an Ontario Provincial Police officer with a criminal offence in relation to the injuries sustained by 55-year-old Marie Koostachin in Moosonee last month.

The SIU assigned two investigators to probe the circumstances of this incident. As part of the investigation, two witness officers and eight civilian witnesses were interviewed, and video evidence was reviewed. The subject officer declined to be interviewed by the SIU and did not provide his duty notes, as is his legal right.

The SIU investigation found that the following events took place on Wednesday, July 24, 2013:
• In the afternoon hours, the subject officer and another officer responded to a report of two men fighting in front of the Northern Store.
• Upon arrival, the officers attempted to arrest Eric Koostachin, one of the men involved in the fight. His brother and mother, Marie Koostachin, were close by and tried to stop the police from arresting him. A video shows the mother interfering in the arrest of her son. On the same video, the subject officer can be seen grabbing Ms. Koostachin, forcing her backward, and causing her to fall hard to the ground. While the officer can be seen going to the ground with her, there is no movement from his right arm suggestive of strikes with a baton asp.
• Ms. Koostachin sustained a fracture to the humerus bone in her left arm as a result of this incident.

Director Scott said, “The subject officer had the lawful authority to arrest Mr. Koostachin because he had reasonable grounds to believe he was involved in an assault of another person. As a result, the subject officer had the authority to use reasonable force to stop anyone from interfering with a lawful arrest. Here, Ms. Koostachin was interfering with the subject officer’s lawful arrest of her son. On the basis of the video imagery, I am of the view that it is probable that she fractured a bone in her left arm as a result of that arm’s impact with the ground when she fell, as opposed to any strikes with an asp baton. Accordingly, while it is unfortunate that she fell and broke this bone, given the fact that she was interfering in a lawful arrest, I am further of the view that the force used by the subject officer was not excessive in these circumstances.”

The SIU is an arm’s length agency that investigates reports involving police where there has been death, serious injury or allegations of sexual assault. Under the Police Services Act, the Director of the SIU must

• consider whether an officer has committed a criminal offence  in connection with the incident under investigation
• depending on the evidence, lay a criminal charge against the officer if appropriate or close the file without any charges being laid
• report the results of any investigations to the Attorney General.

SIU Concludes Strip Search Investigation in Toronto

Case Number: 13-TSA-029

Mississauga (23 August, 2013) — The Director of the Special Investigations Unit (SIU), Ian Scott, has concluded that there are no reasonable grounds to charge a Toronto Police Service (TPS) officer with any criminal offence in relation to the strip search of 25-year-old Ohene Darteh in September of 2010.

This matter was referred to the SIU by the TPS on January 30, 2013 after Mr. Darteh’s lawyer complained to the TPS that her client was sexually assaulted during his arrest on September 1, 2010 by Constable Irwin Correa. A Charter application was heard at Mr. Darteh’s trial on a charge of possession of cocaine for the purpose of trafficking. The application to exclude the evidence of cocaine found in a police cruiser proximate to the complainant’s arrest was heard before Mr. Justice Brian O’Marra of the Superior Court of Justice in 2012 leading to a decision released on January 23, 2013. In that decision, O’Marra J. acceded to the defence application and found that the police had breached Charter protections against unreasonable search and seizure and arbitrary detention. As a result, he excluded the evidence and Mr. Darteh was acquitted of the cocaine related charge. That decision is reported at 2013 ONSC 233.

In his decision, O’Marra J. made findings of fact on which the SIU is relying to determine whether there are grounds to lay a charge of sexual assault. The trial judge accepted the following version of events leading to the defence’s successful Charter application. Mr. Darteh was riding his bicycle in the St. Clair and Runnymede area of Toronto in the early afternoon of September 1, 2010. Cst Correa and witness officers Csts Jason Uher and Shaun Roy from the Toronto Anti-Violence Intervention Strategy were in the vicinity. Mr. Darteh was motioned over by Cst Correa who accused him of riding his bicycle on a pedestrian crosswalk, an assertion Mr. Darteh denied. All three officers got out of their van. Csts Uher and Roy each held one of the complainant’s arms while Cst Correa asked him if he had anything on him. He replied ‘no’, and Cst Correa asked him to lift up his shirt. Mr. Darteh complied with the request.

In the words of the trial judge, at para 17 of his decision, the following events ensued:
Mr. Darteh claims that Officer Correa then grabbed and pulled his shorts and underpants down to his ankles. He felt disgraced and wondered why this was happening.  He says the officers laughed at him. He was exposed naked below the waist for about one minute.

At para 58, O’Marra J. stated that he accepted Mr. Darteh’s evidence on this point:
The most serious allegation made by Mr. Darteh is that he was subjected to an unlawful and humiliating strip search in a public place in daylight. Based on the significant findings of credibility I have made I accept Mr. Darteh’s evidence. The conduct of Officer Correa in particular was intimidating, overbearing and oppressive. Despite his denials I find he was in fact conducting a drug investigation from the outset. When Mr. Darteh denied having anything in possession Officer Correa told him to lift his shirt. He then proceeded to pull down Mr. Darteh’s shorts and underwear. That constituted an egregious violation of s. 8 and s. 9 of the Charter.

In his decision, Director Scott said, “In essence, Cst Correa with the assistance of two other officers pulled down Mr. Darteh’s shorts and underpants in broad daylight in a public area without his consent, exposing his buttocks and genitals for approximately one minute while the officers laughed at him.

“There would appear to be no justification for this strip search. According to the TPS Policy and Procedure Manual on Search of Persons, ‘due to the high degree of intrusiveness of this type of search, it shall only be conducted when it is reasonable and necessary, considering the purpose and the grounds that exist at the time, which justify the search.’ Given the trial judge’s finding that this search was an ‘egregious’ violation of s. 8 and s. 9 of the Charter, this strip search was neither reasonable nor necessary. Further, even it were justified, it breached the TPS directive on Level 3 searches by not taking place in a private area.

“Even though this strip search was a violation of the Charter rights of Mr. Darteh, and breached the provisions of the TPS directive on searches, does it amount to reasonable grounds for believing that a sexual assault occurred? While it would appear that Cst Correa intended to embarrass the complainant by pulling his pants down, I am of the view that his actions, while deplorable, do not amount to an intrusive enough level of violation of Mr. Darteh’s sexual integrity to found a charge of sexual assault. Further, there is no suggestion that his genitals were touched by any of them. All in all, I do not have reasonable grounds to believe that the actions of Cst Correa amounted to a sexual assault even though he was actively engaged in humiliating Mr. Darteh. It is up to Toronto Police Service to pursue disciplinary charges against Cst Correa and the other involved officers if it so chooses.”

from the OPP;

Ontario Provincial Police News Portal [STORMONT DUNDAS and GLENGARRY] Collision Closes Highway 2013-08-26