Constable suspended without pay for six days, demoted
A Vancouver cop from a storied police family has been suspended without pay for six days and demoted in rank after an investigation into allegations that he assaulted a civilian while off-duty.
Const. David Stewart, a grandson of former Police Chief Bob Stewart, intervened in a dispute being dealt with by two on-duty colleagues outside a restaurant on Granville Street in Downtown Vancouver on March 23, 2014.
Harvy Dhudwal, who had been engaged in a conversation with the two uniformed officers, claimed that when Stewart arrived, the off-duty cop swore at him and then assaulted him, punching him in the face, slapping him in the face and then shoving him again. Dhudwal, 42, filed a complaint with the Police Complaint Commissioner, who directed that then-police chief Jim Chu investigate the matter.
Later, the commissioner found that the Vancouver police investigator had demonstrated some reluctance to conduct followup inquiries and became concerned about a potential conflict-of-interest after learning of Stewart’s family connections.
The investigation was transferred to a member of the Transit police, with New Westminster Police Chief Dave Jones acting as the discipline authority in the case. The case was sidetracked when Stewart refused twice to be interviewed and the matter went to court, with a judge ordering him to comply.
The probe resulted in findings that Stewart had engaged in improper conduct and that he had deceived an investigator about the level of his intoxication. He told an investigator that he was “not even buzzed ... one out of 10” at the time of the incident, had had one beer at home and one while waiting downtown. He knew that statement was false.
Stewart also engaged in discreditable conduct by refusing to attend an interview with the investigator.
In his decision to impose discipline on Stewart, Jones said that the allegations facing the officer were “extremely serious,” including one of the most serious allegations a member can face, that being of deceit.
Jones said the issue of deceit affects not only the individual involved, but also the Vancouver police and its members along with policing in general.
“There was no reason, or rationale, for Const. Stewart to inject himself into that situation as other members of the Vancouver Police Department, who were on duty, were already handling the matter without any apparent need for further assistance,” he said. “In addition, Const. Stewart’s admission that he lied to the investigating member regarding the amount of alcohol he consumed that evening is very serious in nature.”
Stewart, who following the incident was placed in the department’s phone reporting section, was suspended for five days for his improper conduct at the scene. He was suspended for another day for refusing to be interviewed by the investigator.
For the act of deceit, he was reduced in rank to Second Class Constable from First Class Constable for a period of 12 months. He will also be required to maintain regular attendance at Alcoholics Anonymous meetings and provide the department with a schedule of the meetings he attends and contact information for his AA sponsor.
Stewart, who has chosen not to challenge the discipline, will also be required to attend for psychological treatment with a certified and approved care-provider.