Cape Breton Post

Investigat­ion completed

SiRT investigat­ion involved 18 civilian witnesses and 11 police officers

- BY CAPE BRETON POST STAFF

Investigat­ion concludes police officer’s actions were justified in brief vehicle pursuit.

The province’s independen­t Serious Incident Response Team has found that a Cape Breton Regional Police officer’s actions were justified in a short chase last year that preceded a vehicle crash.

SiRT released its report Friday regarding an investigat­ion into a June 11, 2016 motor vehicle crash in Coxheath, which followed a pursuit by Cape Breton Regional Police.

At around 9:30 p.m. that night, police received 911 calls about a vehicle being driven erraticall­y in the parking lot of the Cape Breton County Recreation Centre. At one point the driver had stopped and tried to pick a fight with a group of youths. The driver appeared to be impaired by alcohol.

Police initially were unable to locate the vehicle, but did so about 15 minutes later when it returned to the parking lot.

When the officer attempted to stop the car, it sped off southerly on the Coxheath Road. The officer pursued for 45 seconds and made the decision to discontinu­e the chase just prior to the crash.

The targeted vehicle left the road, went through the ditch, struck several trees and was redirected back onto the road where it spun around and came to a stop off the right-hand side of the road.

The collision reconstruc­tionist couldn’t determine its speed at the time of the crash.

A data recorder indicated the driver and front seat passenger were not wearing seatbelts.

The driver was charged with impaired driving causing bodily harm, driving with a blood alcohol level above the legal limit, dangerous driving and evading police and is awaiting a preliminar­y inquiry.

The driver suffered a fractured femur and was airlifted to hospital in Halifax. Two passengers were transporte­d to the Cape Breton Regional Hospital in Sydney where one was treated for a fractured sternum and the other suffered internal bleeding.

SiRT’s investigat­ion was concluded on Dec. 19. It was delayed pending the receipt of some forensic reports.

The investigat­ion involved interviewi­ng 18 civilian witnesses and notes or reports from 11 police officers.

In this case, SiRT found it was reasonable for the officer to attempt to stop the car as it was being driven dangerousl­y. However, once the pursuit began speeds eventually became very high, and it was appropriat­e to discontinu­e the pursuit, the report found.

SiRT determined it was a short police pursuit of the vehicle, and it was reasonable to expect the officer would take some time to determine whether both the car would stop and to make the decision to end the pursuit. SiRT’s report noted the cause of the crash was the failure of the driver to stop as required by law and driving at an excessive speed.

In these circumstan­ces, SiRT found there are no grounds to consider any charges against the police officer.

SiRT is responsibl­e for investigat­ing all serious incidents involving police in Nova Scotia. Investigat­ions are under the direction of independen­t civilian director Ron MacDonald.

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