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News (Media Awareness Project) - CN BC: Cops' Union Ponders Grievance Over Legal Fees Decision
Title:CN BC: Cops' Union Ponders Grievance Over Legal Fees Decision
Published On:2004-02-23
Source:Vancouver Courier (CN BC)
Fetched On:2008-01-18 20:20:38
COPS' UNION PONDERS GRIEVANCE OVER LEGAL FEES DECISION

The Vancouver Police Union plans to fight the police board's decision
to force six constables involved in assaulting three suspected drug
dealers last January to pay their own legal costs.

Tom Stamatakis, president of the union, said he received a letter from
the board Wednesday that indicated the costs wouldn't be covered-a
decision he called unique.

In the past, some Vancouver cops convicted of assault have had their
legal costs paid by the police board, said Stamatakis, who wasn't sure
of the total cost of the bills.

"We're talking about six very experienced lawyers, three days in a
courtroom, plus all the preparation, so I expect the costs to be
fairly significant."

Stamatakis said the letter indicated the board would not cover the
costs because "in their view, the officers did not act in good faith."

"I happen to disagree," he added.

Mayor Larry Campbell, chair of the police board and its designated
spokesman, has refused to comment on the board's decision. The board
was expected to issue a press release Wednesday, but that didn't happen.

Stamatakis said he plans to meet with the board to discuss its
decision. Depending on the outcome, he said, a grievance process may
be launched and an arbitration required.

Though Stamatakis said it's too early to determine what effect the
decision will have on the city's 1,200 cops, he said officers could
hesitate to get involved in emergency calls such as domestic disputes
when they're alone.

If the officer breaks up a fight using force, the suspect could say
later he was beaten for no reason, he said. With no witnesses,
Stamatakis said, it would be the officer's word against the suspect's.

Such a scenario could lead to internal proceedings against the
officer, with the cop facing the prospect of covering his or her own
legal costs.

The six constables involved in the Stanley Park beatings are
Christopher Cronmiller, Raymond Gardner, Duncan Gemmell, James Kenney,
Gabriel Kojima and Brandon Steele. All pleaded guilty to assault in
criminal court. Gemmell and Kojima were later fired by Chief Constable
Jamie Graham.

Gemmell has since asked for a public hearing into the case, while
Kojima is undecided on whether he'll take the same step, Stamatakis
said.

The four others received 20-day unpaid suspensions-the maximum
allowed-and a demotion of one rank. Cronmiller, who is already at the
lowest rank, also has to wait a year longer before being promoted.

The demotions will result in a loss of pay ranging from $3,700 to
$5,000 a year. The four constables will also be forced to work for at
least a year under the supervision of a senior officer, who will file
quarterly reports on their progress.

The constables' lawyers-some of the most experienced in the city-are
Bill Smart, Richard Peck, Kevin Woodall, David Crossin and Ian Donaldson.
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