Toronto Star

Police won’t be discipline­d for removal of key evidence

Knife taken from crime scene after Peel cop shot Jermaine Carby dead

- WENDY GILLIS AND JACQUES GALLANT STAFF REPORTERS

No Peel Regional Police officer will be discipline­d for “tampering” with evidence after a fellow cop shot and killed Jermaine Carby in 2014, the Star has learned.

The force has also made no policy or procedural changes to ensure no other officer interferes with a probe by Ontario’s Special Investigat­ions Unit (SIU), the police watchdog called in to investigat­e whenever a citizen is killed by a police officer.

The reasons no cop will face consequenc­es for actions the SIU director said “denied” the public an independen­t investigat­ion are spelled out in a secret internal police review prepared by Chief Jennifer Evans. The report was brought to a closed-door meeting of the Peel Region Police Services Board last week.

The seven-member civilian board, which includes the mayors of Brampton and Mississaug­a, has no immediate plans to make the review public. Peel police, meanwhile, say they cannot release the report because it has gone to the board.

“I can advise that there was no disciplina­ry action taken or recommende­d and the reasons are provided in the contents of the review,” a police spokesman, Staff Sgt. Dan Richardson, said in an email. “The decision to release or provide further informatio­n contained in the administra­tive review rests with the Peel Police Services Board.”

Richardson also confirmed that no policy or procedural changes were recommende­d as a result of the internal review.

In July, SIU director Tony Loparco ruled that no charges would be laid against an unnamed Peel police officer who shot and killed 33-year-old Carby during a September 2014 traffic stop in Brampton. Loparco ruled that the officer’s use of lethal force was justified because Carby was approachin­g him with a knife.

But in a rare move, Loparco called out a Peel officer, also unnamed, for the “highly regrettabl­e” and “ill-advised” decision to remove from the scene the knife officers said Carby was carrying. The knife was handed to SIU investigat­ors in a paper bag several hours later by an acting Peel sergeant, who said an officer responding to the shooting had taken it from the scene.

“As a result of the officer’s actions, the SIU, and in a broader sense the public, is asked to accept that the knife it retrieved from police was in Mr. Carby’s possession when he was shot, when that same inference could have more readily and safely been made had the scene not been tampered with,” Loparco said.

Following the damning report, Peel police launched an internal report, called an administra­tive review, into the actions of all officers involved. The review is a step police forces must take after an SIU investigat­ion involving its officers.

Legally, police boards “may” make administra­tive reviews public under the province’s Police Services Act, but the Peel board generally considers the content of administra­tive reviews confidenti­al.

The office of Community Safety and Correction­al Services Minister Yasir Naqvi, who is overseeing a review of the act, referred the Star to the Peel board for comment.

Board chairperso­n Laurie Williamson said in an email that “any decision to release, either parts or a condensed version, would only be made in the future following further consultati­on with the board.”

The public deserves to understand why an officer would not be discipline­d for removing key evidence — “action which, under any circumstan­ces, another person would be charged with obstructin­g police or contaminat­ing a crime scene,” said Darryl Davies, a criminolog­y instruc- tor at Carleton University.

“There’s no such thing as accountabi­lity when things are done surreptiti­ously, when they are done in a clandestin­e way and you don’t know what happened,” he said.

The decision to keep the report secret leaves key questions about Carby’s death and the removal of the knife unanswered. The Star put a series of questions to Chief Evans, including whether she issued a reminder to officers that they cannot interfere with an SIU investigat­ion, but Richardson said the questions “are all addressed in the administra­tive review that was provided to the Peel Regional Police Services Board.”

Former SIU director Ian Scott told the Star that he can remember seeing only two administra­tive reviews during his tenure, which dealt with the fatal shootings of Levi Schaeffer and Douglas Minty by OPP officers in separate incidents in 2009.

Those reviews were made public because they were part of a court case that eventually landed before the Supreme Court, which ruled in 2013 that police officers under investigat­ion cannot consult a lawyer before preparing their notes. Scott said there is no requiremen­t for chiefs of police to also provide a copy of their review to the SIU director.

“To my knowledge, none of the chiefs make (the reviews) public,” Scott said. “Certainly not between 2008 and 2013 (when Scott was head of the SIU), and it doesn’t look like much has changed.”

Scott said police boards should have a very good reason for not releasing a review, especially in the case of fatal police shootings.

“Given the obviously extreme consequenc­es of the incident, and in order to foster public confidence in policing, I would have thought that more police services would be releasing these reports,” he said.

In the Carby shooting, Scott said he would expect the public to be espe-

“There’s no such thing as accountabi­lity when things are done surreptiti­ously, when they are done in a clandestin­e way and you don’t know what happened.” DARRYL DAVIES CRIMINOLOG­Y INSTRUCTOR

cially interested in finding out from the review why an officer took a knife from the scene. Peel police have always refused to provide any informatio­n about the officer, including his name or rank.

Knowing they may never get answers through Peel’s administra­tive review, the Carby family is now even more eager to learn if a coroner’s inquest will be held to examine the circumstan­ces of his death and prevent future fatalities.

Ontario’s Coroner’s Act makes inquests mandatory when a person dies while in custody or detained by police.

In Carby’s case, it has not yet been determined if an inquest is mandatory. If not, the coroner will have to determine if a discretion­ary inquest will be held.

But that decision has been held up because the SIU did not send a copy of Loparco’s final report in the Carby case to the coroner’s office until last week — two months after Loparco completed his report. Normally, it would arrive within a week or two of completion, said Dr. William J. Lucas, regional supervisin­g coroner in Ontario’s central west region.

The SIU did not respond to questions about the reasons for the delay, but spokeswoma­n Monica Hudon said: “Whether or not the coroner decides to hold an inquest is not dependent on having the SIU report.”

Lucas said SIU directors’ reports can be helpful in determinin­g if an inquest is mandatory and he was waiting for it in this case. Now that his office has a copy of Loparco’s report, a decision on whether to hold an inquest in Carby’s death will be made “fairly soon.”

 ??  ?? Darryl Davies, a criminolog­y instructor at Carleton University, says the public deserves to understand why an officer would not be discipline­d for removing key evidence — “action which, under any circumstan­ces, another person would be charged with obstructin­g police or contaminat­ing a crime scene.”
Darryl Davies, a criminolog­y instructor at Carleton University, says the public deserves to understand why an officer would not be discipline­d for removing key evidence — “action which, under any circumstan­ces, another person would be charged with obstructin­g police or contaminat­ing a crime scene.”
 ?? FAMILY PHOTO ?? Jermaine Carby, 33, was shot and killed by an unnamed Peel police officer during a September 2014 traffic stop in Brampton.
FAMILY PHOTO Jermaine Carby, 33, was shot and killed by an unnamed Peel police officer during a September 2014 traffic stop in Brampton.

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