INQUEST TO BEGIN INTO POLICE STATION DEATH

Delayed probe of why a man died in custody in 1991 starts today

It was seven years, nine months and 13 days ago that Kenneth Allen died on
the floor of a holding area in Toronto police's 52 division.

Starting today, accounts of that evening will be given as witnesses begin
their testimony at the inquest into the death of the 32-year-old Toronto
welder. The inquest - initially set to start in 1994 - has been delayed by
numerous legal complications.

Allen died while in police custody in 1991 after being arrested for
attacking a streetcar driver.

After his death, four of the arresting officers from 52 Division on Dundas
St. W. refused to speak to the province's special investigations unit, whose
investigators probe serious injuries or deaths at the hands of police. For
three years the SIU kept the file open, until it was finally shut with no
charges laid.

Allen's file was reopened in 1994 after further evidence was brought
forward. One of the arresting officers, Constable Paul Van Seters, was
charged with criminal negligence causing death and criminal negligence
causing bodily harm.

To a chorus of applause from dozens of supporting police officers at the
trial, Van Seters was acquitted on Oct. 4, 1996.

In addition to Van Seters' trial, other legal delays stalled the start of
the inquiry, including an attempt by Toronto police lawyers to remove the
Black Action Defence Committee, the SIU and the chief coroner from the
inquest. Ultimately, that effort failed; all three have been granted
standing and will be part of the inquest.

The inquest is expected to open with testimony from the woman who was
visited by Allen before he went on a rampage on a Toronto streetcar.

On Nov. 29, 1991, police received an emergency call from a TTC driver on the
Queen St. streetcar line.

Some witnesses said Allen seemed deluded and yelled that the ``clan'' was
after him as he lunged at the driver. At the scene, four officers subdued
and arrested Allen, who was high on cocaine.

He was driven two blocks to the station on Dundas St. near Bay St.

Sometime during the next half hour - between 11:30 p.m. and just before
12:15 a.m. - Allen died.

Cameras in the station recorded most of Allen's movements. The videotape
clearly shows Van Seters - his nightstick under the prisoner's neck -
dragging the unconscious Allen into the station's booking area. He was later
taken to a holding area known as the bullpen. The tape also shows the
officers standing, waiting for the ambulance to arrive, with Allen
unconscious on the floor.

``One thing I think is appalling is that there hasn't been a statement from
police command for eight years to say this is an inappropriate way to bring
in a prisoner,'' said Peter Rosenthal, lawyer for the Black Action Defence
Committee, who has been granted status at the inquest.

``Also, he was put in the bullpen and left to lie there for 11 minutes until
the ambulance arrived, with no CPR or care given.''

After Allen's death, the initial pathologist's report said Allen died of
cocaine poisoning. However, on Dec. 2, 1993, as preparations for the inquest
were being made, a meeting took place at the coroner's office involving
pathologist Dr. Noel McAuliffe, key crown officials and Ontario Provincial
Police officers. Shortly after, with new evidence brought forward, McAuliffe
amended his report, saying Allen could have died from asphyxia due to a
compression of the neck.

It was at this point that the SIU reopened its case, and by June, 1994, Van
Seters, a 15-year veteran of the force, was charged.

During the trial, Van Seters' defence team portrayed Allen as an unemployed,
violent cocaine dealer. The crown told the jury Allen was a mild-mannered,
hard-working immigrant welder from Jamaica who had become a Canadian citizen
but had fallen on hard times after being injured on the job. They said the
attack that night was totally out of character.

The main question during the trial was whether the nightstick caused the
fractures in Allen's neck, and if so, whether they were severe enough to
kill him.

Of four pathologists testifying, one claimed it was ``mechanical
asphyxiation'' caused by trauma to the neck that killed Allen. The other
three said they couldn't rule out cocaine poisoning or that drugs were a
factor.

All four arresting officers are expected to testify at the inquest under
presiding coroner Dr. Bonnie Porter.

``Allen is dead and he can't come back,'' said Bala Balasubramaniam, lawyer
for Allen's common-law wife, Yvonne Richards. ``What we need from this
inquest is to enhance the public's confidence in the police.''

``Once everything is explained we will have our answers.''