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News (Media Awareness Project) - CN BC: Ian Bush: Changes Sought To Way Police Shootings Are
Title:CN BC: Ian Bush: Changes Sought To Way Police Shootings Are
Published On:2006-09-13
Source:Vancouver Sun (CN BC)
Fetched On:2008-08-18 00:53:56
CHANGES SOUGHT TO WAY POLICE SHOOTINGS ARE PROBED

The Lawyer For The Family Of A Man Shot By An Officer Says The
Present System Lacks Independence And Is Too Slow

The lawyer for the family of a man shot dead by an RCMP officer is
calling on the B.C. government to change the way police shootings are
investigated, saying the present system lacks independence and is too slow.

"There's been a huge groundswell of public support for changing the
system of investigation when the police are involved in a violent
death," said Howard Rubin. "I'm asking the attorney-general and the
solicitor-general to listen . . . and to change the system."

Ian Bush, a 22-year-old mill worker, was shot in the back of the head
by RCMP Const. Paul Koester on Oct. 29 after Bush was arrested with
an open beer outside the Houston hockey arena.

Last week, the criminal justice branch decided not to lay charges
against Koester, saying he acted in self-defence when he shot Bush.

Bush's death was investigated by RCMP officers in Prince George and
then reviewed by New Westminster police.

That investigation was then reviewed by senior Crown counsel in
Prince George and Victoria, who decided not to lay charges.

Rubin said police-involved fatalities like Bush's death should be
investigated by an independent agency -- either a police force
outside B.C. or a special team of investigators as exists in Ontario.

Rubin said Attorney-General Wally Oppal also should have appointed an
independent special prosecutor to review the evidence in Bush's death
instead of relying on Crown prosecutors who work with local RCMP
officers on a regular basis.

Solicitor-General John Les said he's satisfied the process B.C. has
for investigating police shootings is adequate and that the review of
evidence by an outside police force provides enough independence.

Les also noted that Bush's death -- like all deaths in police custody
- -- will be the subject of an independent coroner's inquest.

"If the police or the Crown want to reopen the file after the
coroner's inquest, they can do so," said Les.

Oppal has made several comments to reporters in recent days regarding
the Bush case, including that Koester was choked nearly unconscious
before shooting Bush and that the officer suffered cuts to his face.

Rubin said Tuesday he wouldn't respond to Oppal's comments because
Bush's family is suing the province over the death and the coroner's
inquest is still pending.

"There's a fairly well-known principle that you get in first-year law
school: When you're before the courts you don't comment on the facts
of the case in the media," he said.

However, Rubin refused to say whether he thought it was wrong for
Oppal to comment on the case.

"I have my views, which I'm not going to express," he said. "I'm not
going to criticize Wally Oppal."
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