FIRING UPHELD FOR OFFICERS WHO ASSAULTED DRUG DEALERS

Duncan Gemmell and Gabriel Kojima were among six involved in the incident

VANCOUVER - Two Vancouver police officers fired for their involvement in the
assault of three drug dealers in Stanley Park will not be reinstated, an
adjudicator for the Police Complaints Commissioner ruled Wednesday.

Const. Duncan Gemmell and Const. Gabriel Kojima appealed a disciplinary
hearing ruling in which Police Chief Jamie Graham ordered the two men fired.

Adjudicator Donald Clancy held up that order Wednesday, noting that "failure
to demand a higher standard of conduct from police officers can lead to an
erosion of public confidence in our policing forces."

Gemmell and Kojima were among six officers who pleaded guilty to assault in
connection with the beatings of three men, who were well-known to police and
had long criminal records for theft, drug-dealing and violence. All six
officers were disciplined but Gemmell and Kojima were the only ones fired.

The incident was brought to light by a trainee officer, Const. Troy Peters,
who was with the other officers at the time but did not take part in the
assaults. Shocked by what he saw, Peters sought advice from the police
union, which later filed a report with the internal affairs department.

In his sentencing decision, Clancy wrote that he was particularly concerned
about Gemmell and Kojima's lack of honesty when testifying.

"I did not accept the version of events put forward by all of the officers
including [Gemmell and Kojima]," he wrote. "I found that their evidence was
self-serving and unsatisfactory."

Phil Rankin, who represented the assault victims, said the decision sends a
clear message that police will be held accountable.

"It was well over the top, as far as their duty as a police officer is
concerned," he said. "There was no reason to do what they did and although
they were dealing with miscreants, there was no justification."

Rankin said their unreliable testimonies only made matters worse.

"I think that was an aggravating factor. How useful are they as police
officers in the future if they are found, under oath, to be liars?," he
said.

David Butcher, who represented Gemmell at the hearing, said the officers --
who are currently suspended without pay -- can appeal the decision to the
B.C. Appeal Court.

"We'll read the decision carefully, consider it for a few days, and decide
whether or not proceed with an appeal," Butcher said.

He had argued for a lesser sentence -- such as a reduction in rank or
further suspension -- for Gemmell.

"The [Police] Act puts an emphasis on remedial and corrective measures," he
said, "and we took the position that those should be imposed rather than the
punitive measure of dismissal."

Clancy, however, did not agree.

"The breaches are extremely serious," he wrote. "I am satisfied that to
continue the employment of [Gemmell and Kojima] as police officers would
further damage the reputation of the force."

Vancouver Police Union president Tom Stamatakis said the union supported the
two officers -- including providing legal assistance -- throughout the
hearing but would not speculate on the likelihood of an appeal.

"Obviously the outcome is disappointing ... but the process has unfolded the
way it was supposed to," he said.