SIU Concludes Brockville Vehicle Injuries Investigation
Case Number: 13-OVI-207
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Mississauga (31 October, 2013) — The Director of the Special Investigations Unit (SIU), Tony Loparco, has concluded that there are no reasonable grounds to charge a Brockville Police Service officer with any criminal offence in relation to the injuries sustained by a 37-year-old man in August of 2013.
The SIU assigned three investigators and two forensic investigators to probe the circumstances of this incident. As part of the investigation, three witness officers and seven civilian witnesses were interviewed. The subject officer consented to an interview with the SIU and provided a copy of his duty notes.
The SIU investigation found that the following events took place on Sunday, August 18, 2013:
• In the afternoon hours, the subject officer was parked in an unmarked police vehicle on Abbott Street, speaking with a couple of citizens regarding an unrelated domestic disturbance call. The officer noticed a man operating his motorcycle in an erratic manner westbound along Abbott Street, and then turn northbound onto Elm Street into a construction zone.
• Unable to enter into the construction zone, the subject officer attempted to locate the motorcycle as it emerged from the construction zone by driving along parallel roads in the area. The officer eventually came across the downed motorcyclist on Brock Street.
• The man was transported to Kingston General Hospital for treatment of serious injuries.
Director Loparco said,
“There is nothing in any of this that could attract criminal liability. The officer was well within his rights to attempt to investigate the motorcyclist, having just witnessed what appeared to be unsafe driving. All of the independent evidence in the case indicates that the subject officer was not in pursuit of the motorcycle at the time of the incident; at no point does it appear the officer activated his emergency lights and siren, or operated his vehicle in a dangerous or reckless fashion. The evidence suggests the motorcyclist drove at excessive speeds through the uneven terrain of the construction zone, lost control and was thrown from his motorcycle as he approached Dales Avenue on Brock Street. In the end, the motorcyclist was entirely the author of his own misfortune.”
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.
