Probe of police shooting lacking: report
A B.C. agency that investigates police lacked clear procedures and training for its investigators, says a former RCMP superintendent who reviewed the agency’s operations.
Doug Kiloh said in a report the Independent Investigations Office of B.C. did not have a disciplined structure in a case where a 48-year-old distraught man was shot by police in the parking lot of a casino in New Westminster on Nov. 8, 2012. It was just two months after the civilian investigations office was set up.
Kiloh, also a former member of an RCMP emergency response team, said the agency learned the man might be available for an interview after he was transferred from an intensive care unit but delayed speaking with him and failed to provide any rationale for that decision.
Mehrdad Bayrami died 10 days after being shot, and his daughter later told a coroner’s inquest he had been taking medication for severe depression.
Kiloh said the man’s former partner, whom he held hostage, was also not interviewed by the watchdog ’s investigators, but was interviewed by police for about three hours.
Investigators also did not interview a person involved in the crisis negotiation process at the casino scene, said Kiloh, who called the person a potentially significant witness.
“His notes, recollection and accuracy may have had the ability to independently confirm or refute comments, information, statements or orders provided by officers in the negotiation or command groups.”
Kiloh also called into question investigators’ handling of exhibits, saying the organization did not have a management system or an investigative manual.
“The lack of organizational direction appeared to lead to confusion among investigators with respect to managing exhibits and forensic material.”
The Independent Investigations Office report to Crown counsel contained mistakes and its summaries were not reflective of the available evidence, Kiloh said, adding the Crown made several requests for more information, including from a use-of-force expert whose report appeared to indicate an officer’s actions were in accordance with his training.
An officer with the Delta Police Department was charged with second-degree murder in October 2014.
Crown prosecutors entered a stay of proceedings in July 2015 following an independent review.
In March 2016, the Delta Police Association complained to the Independent Investigations Office, alleging defects in its investigation.
The office did its own review, then hired Kiloh to report on its procedures.
“At the onset of the investigation, it appears that the IIO focused on officers who witnessed critical moments,” he said in the report, which was redacted to remove identifying information. “However, a full interview plan, including witness officers and civilians, was not documented, prioritized or sequenced, and I cannot confirm that potential evidentiary points were clearly articulated to investigators.
“I believe some opportunities were missed, which may have provided useful information or improved the overall investigative structure,” Kiloh said, adding investigators did not seize all available video from the casino and did not immediately analyze or document content they did obtain.
The report says the office has made significant improvements since its investigation, but Kiloh made 10 recommendations, including more supervisory training involving critical thinking and decision making.
Ronald J. MacDonald, the office’s chief civilian director, said in a statement that changes include adopting a manual to guide investigators, along with rigorous training and a new approach in presenting cases to Crown counsel.