Coroner bars evidence as Bush inquest gets testy
Ian Mulgrew, CanWest News Service
Published: Tuesday, July 03, 2007
HOUSTON, B.C. -- The coroner's inquest into the shooting of mill worker Ian Bush by an RCMP officer turned testy Tuesday as coroner Shane DeMeyer ruled questions about the police investigation into the killing inappropriate.
Mr. DeMeyer said "critiquing or commenting" on the investigation by the RCMP goes "beyond the scope" of the inquest and should be dealt with in another forum, such as a public inquiry. He also said he would ban questions related to the Mounties' handling of the slaying, which occurred in the local RCMP detachment on Oct. 29, 2005.
The family was shocked and, through their lawyer, Howard Rubin, said they believe it is important for the five-person coroner's jury to hear how police responded.
Bush was shot in the back of the head after being arrested for giving police a false name when questioned about having an open bottle of beer outside a hockey game.
Const. Paul Koester said he shot Bush after the man sucker-punched him and began choking him.
The rookie officer, who was 28 and had been on the beat for only five months, said he was face-down on a couch, with Bush on his back, when he fired his service pistol.
But the family and others are skeptical of that explanation, in part because Koester refused to re-enact the scene and at least one expert says the physical evidence does not support his account.
Because of the appearance of bias, the Bush family wants the inquest jury to recommend that the Mounties not investigate themselves in police shootings.
The coroner, however, said that is beyond the jury's mandate, adding they will hear no evidence on broad public-policy issues.
The family lawyer appeared frustrated by the coroner's order.
"There have been several in-custody deaths and no police officer has been prosecuted in the last few years," Mr. Rubin said. "If police knew there would be a real investigation, that would stand as a warning to them that they are being watched."
Mr. Rubin charged that the RCMP "handled Const. Koester with kid gloves," noting that the officer was not obliged to provide a written statement for three weeks after the shooting and wasn't interviewed by investigators for more than three months.
But Mr. DeMeyer would not budge. He warned Mr. Rubin to keep his questions on point and demanded the family's blood-spatter expert edit out portions of his report concerning his recreation of the slaying.
Edmonton police Const. Joseph Slemko gave the family a report that said the forensic evidence does not support Mr. Koester's account of what happened and he is scheduled to explain his findings to the inquest Thursday.
But Mr. DeMeyer said he will allow only a portion of Mr. Slemko's findings into evidence because he is only qualified as an expert on blood spatters. He told Mr. Rubin to have the report edited before it is submitted to the jury.
In the aftermath of the coroner's order, tensions between opposing lawyers rose. At one point, coroner's counsel Mitch Houg yelled across the room, telling Mr. Rubin not to approach Mr. DeMeyer unless invited.
"I don't think I should be lectured by counsel," Mr. Rubin replied testily.
Later the coroner had to tell RCMP lawyer Helen Roberts to be more respectful in her questioning after she asked whether one witness was "lying" and described Bush's behaviour the night he was killed as "stupid."
Ms. Roberts, who bristled at every suggestion the force made an error, said the public should realize the Mounties will conduct an official complaint investigation in this case.
"The RCMP is not trying to avoid a review of their investigation," she said. "This is not a proper forum for that."
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