Anyone care to comment? POSTED AT 5:08 AM EDT ON 08/09/06
theglobeandmail.com
RCMP officer defends killing of Ian Bush in B.C. station
Victim attacked, choked and beat him, constable says in court documents
SHANNON KARI
From Friday's Globe and Mail
VANCOUVER — A rookie RCMP officer says he was the victim of an unprovoked attack, beaten, choked from behind and told "to take his last breath" before he drew his weapon and shot Ian Bush.
Constable Paul Koester acted in "self-preservation from imminent death or grievous bodily harm," a statement of defence filed in B.C. Supreme Court on Wednesday says.
The statement is the first official explanation from the officer or the RCMP about the events of Oct. 29, 2005, when Mr. Bush, 22, was shot once in the back of the head after an altercation at the police detachment in the northern British Columbia town of Houston.
The legal response alleges Mr. Bush "intentionally or in the alternative, negligently," caused his own death by attacking the officer.
"I don't believe a word it says," said Andrea Patrick, Mr. Bush's sister. The allegations about her brother's conduct are "completely out of character," she explained.
The statement of defence is the initial response to a civil suit filed in May by Mr. Bush's mother. The allegations have not been proved in court.
The legal document was filed one day after the Criminal Justice Branch of the B.C. Ministry of the Attorney-General announced that the officer would not face criminal charges. That announcement was made more than two months after the branch received the RCMP report of its investigation into the shooting.
The Crown's news release made only a general comment that it believed Constable Koester acted in self defence.
In the past two days, however, B.C. Attorney-General Wally Oppal has spoken to several news outlets and has said the officer was choked and was nearly unconscious when he fired his weapon.
The former judge based his conclusions on a briefing he received from the Criminal Justice Branch after the decision was made not to file charges. The branch acts independently of the Attorney-General in conducting criminal prosecutions in B.C.
The night of the shooting, the young mill worker was arrested outside a hockey arena in Houston for having an open beer. Mr. Bush appeared "moderately intoxicated" as he provided two false names when asked for identification.
The officer had "reasonable and probable grounds" to believe the man "willfully obstructed a peace officer in the execution of his duty," the statement of defence says.
As a result, the officer was "authorized and required" to arrest and detain Mr. Bush for possible violations of the Criminal Code and the provincial Liquor Act.
Mr. Bush was taken to the RCMP detachment in Houston and his handcuffs were removed as the officer completed paper work, in preparation to release the man from custody.
When the officer asked Mr. Bush to sign a "promise to appear" form, which would require him to appear in court at a future date, he "suddenly and unexpectedly" began to punch Constable Koester repeatedly in the head and face, the statement of defence says.
The officer offered to release Mr. Bush without signing the promise to appear form, but he allegedly continued his attack.
"Bush choked Constable Koester from behind. When Constable Koester began to lose consciousness, Constable Koester drew his service pistol and struck Bush with the barrel of the pistol several times in an effort to break free," the statement of defence says. "Bush told Constable Koester to take his last breath."
It was at this moment that the officer fired his weapon and killed Mr. Bush with a shot to the back of his head.
The officer was "authorized and justified in using his service pistol," and Mr. Bush ought to have known that lethal force might be used when he "chose to attack" Constable Koester, the court documents say.
The statement of defence is filed on behalf of the officer and the B.C. Solicitor-General, who is responsible for any findings of wrongdoing by the RMCP when they are providing local policing. Both defendants are represented by a senior federal Justice Department lawyer, as part of an agreement with the province and the RCMP.
The version of events put forward by the officer is very difficult to accept, Ms. Patrick said yesterday.
"Ian would never have attacked a police officer," she said. "I can see him fighting back, especially if he was fighting for his life, which he obviously was, because he is gone."
She was also disappointed by Mr. Oppal's comments, especially since the Ministry of the Attorney-General is another defendant in the civil suit.
"It is very unnerving."
He is a powerful man," Ms. Patrick said. "I guess it is what he believes to be true. But he doesn't know what happened."
The video monitoring system at the RCMP detachment was not operating at the time of the altercation, which might have provided some independent evidence.
Ms. Patrick is hopeful "all the evidence will be out in the open" at a coming coroner's inquest.
"We all have a right to know," she said. |
