Police union boss’s charge shelved
Perjury allegations against Calgary Police Association president Les Kaminski were withdrawn Monday by the Crown.
The decision to end Kaminski’s prosecution comes just weeks after a fellow police officer was acquitted of assaulting a member of the Hells Angels.
On Dec. 19, provincial court Judge Josh Hawkes acquitted Const. Brant Derrick of assault in connection with the arrest of Jason Arkinstall. Hawkes ruled Derrick had a reasonable belief his safety was in jeopardy and he was entitled to use force during the Aug. 31, 2008, arrest.
Derrick had testified he feared a handcuffed Arkinstall was going to attack him as he put him in the back of a police van.
Video of Arkinstall’s arrest appeared to show Derrick tossing the suspect into the van, but the officer testified the biker propelled himself into the van by diving headfirst into it.
In testifying at Derrick’s trial, Kaminski said the video contradicted his own memory of the incident.
Kaminski, who was charged with perjury in connection with his testimony at Arkinstall’s 2010 trial, said the footage didn’t match his recollection of the arrest.
“I’ve seen it probably a hundred times,” he said while testifying in November. “This contradicts my recollection of the event.”
Kaminski was not asked what he recalled of the Aug. 31, 2008, incident. He had also originally been charged with assaulting Arkinstall, but that allegation was earlier dropped.
He was charged with assault and perjury after a review of the case by the Alberta Serious Incident Response Team following Arkinstall’s acquittal on charges of obstructing police, assaulting a police officer and uttering threats.
Provincial court Judge Terry Semenuk was highly critical of police in his decision to find Arkinstall not guilty. Semenuk wrote in his decision that Arkinstall was “physically abused” by police during the arrest and that both Kaminski and Derrick provided evidence in court that was “unreliable and not credible.”
Following Arkinstall’s acquittal, his lawyer and groups representing Alberta’s criminal defence lawyers called on ASIRT to look into allegations the officers involved, including Kaminski, used excessive force during the arrest and lied about it in court.
An official complaint was lodged in 2013 and the file was referred to ASIRT in 2014.
Outside court, defence counsel Alain Hepner said the Derrick acquittal probably played a part in the decision of Edmonton Crown prosecutor Jarrod Hone to withdraw the perjury charge.
Hepner said he was prepared to defend Kaminski when his trial was scheduled to begin next month.
“This was an issue of whether or not the allegation of perjury was made out, I always felt it wasn’t, not even close,” he said.
A relieved Kaminski said he felt he received a fair review of the allegations against him.
“My faith in the legal system was restored today,” he said, reading from a prepared statement.
“I’ve dedicated my life to protecting our citizens from the criminal element,” Kaminski said. “It’s not easy being a police officer accused of a criminal offence. In fact, it’s most stressful.”
It’s not easy being a police officer accused of a criminal offence. In fact, it’s most stressful.