BATTLE FOR CONTROL LED TO BEATINGS

A Vpd Constable Testified Members Of His Squad Were Expected To Be Proactive

The arrest of three drug dealers that led to their being assaulted in
Stanley Park in January 2003 occurred during a power struggle on Granville
Mall between criminals and the police over who was to control the downtown
streets.

Const. Brandon Steele told a B.C. Complaint Commission public hearing that
officers were expected to be pro-active and that members of his squad --
Unit Four -- took it to heart when trying to deal with increasing crime in
the downtown area.

"None of these officers live on Granville St. but we cared about the people
and the street itself and the merchants there," Steele said.

"The merchants were constantly approaching us asking us why we weren't
doing anything and we'd have to explain to them that we were understaffed
and trying to do what we could. "They sympathized but everyone acknowledged
that the problem was getting worse on Granville and Dunsmuir and no one
wanted it to go the same way as Main and Hastings in the Downtown
Eastside," Steele said.

"We were instructed to have zero tolerance, told not to be a fence sitter,
don't be someone who just collects a pay cheque each two weeks -- go out
there and care -- and this squad took it to heart," he said.

Seven members of Unit Four took Barry Lawrie, Jason Desjardins and Grant
Wilson to Third Beach in the early hours of the morning and assaulted them.

Wilson, a notorious drug dealer and thief, had been removed from Granville
Mall earlier that night but had immediately come back by taxi, ignoring
orders to stay away.

The assaults led to criminal charges against the officers and two of the
unit, Duncan Gemmell and Gabriel Kojima, were fired.

Steele, who with Kojima received a police chief's commendation for
arresting four heavily-armed Hells Angels on Granville Mall in November
2001, said the trio were told in the parking lot that the police weren't
going to lose control of Granville St.

When Lawrie was let out of a police wagon he was told the police knew what
he was doing.

"We knew what he was responsible for drug dealing and all the associated
crimes that go with it, and that there would be consequences to his
continuing his ways," said Steele.

He said recruits were taught in the police academy to use what he called
the Ways and Means Act.

"We can only do so much based on the laws in place so we have to be
creative. We have to get the job done because it's our responsibility to
serve the public," he said.

He said the police are taught that only five per cent of what they will be
required to deal with falls within the black and white limits of
regulations --the rest was the grey zone of the Ways and Means Act, he said.

The issue facing adjudicator Donald Clancy is to decide what force was
applied to the trio and if the firings of the two officers were justified.

Was it just a few cuffs and punches as the officers who were disciplined
claim or a thorough beating as Const. Troy Peters is expected to testify
next week.

At the time of the incident Peters was a recruit who had only been with the
squad for a few nights.