It was a violent beating that was over in a matter of seconds, but the disciplinary process has been dragging on for more than five years for the transit police officer responsible.
The Office of the Police Complaint Commissioner says a public hearing will be held into allegations of misconduct with respect to Constable Edgar Diaz of the South Coast BC Transportation Authority Police Service.
In June of this year the transit cop was handed a suspended sentence and 12 months’ probation after he pleaded guilty to assault causing the bodily harm of a UBC varsity football player at the Rupert SkyTrain station in 2011.
Crown said during the sentencing hearing that the 22-year-old with no criminal record was punched in the face ten times and suffered 11 blows with a baton at the hands of Diaz.
Court heard officers thought the victim was resisting arrest for obstruction after he failed to produce a fair and police thought he provided a fake name.
It turns out it wasn’t a fake name and Crown argued the beating was an excessive and unnecessary use of force.
The Office of the Police Complaint Commissioner says during its separate investigation other allegations of professional misconduct arose.
A Discipline Authority determined that one of those allegations of misconduct was proven, and proposed a suspension and training as a disciplinary measure.
The Commissioner says upon recommendation from the Associate Chief Justice of the B.C. Supreme Court, retired Supreme Court Judge Ronald McKinnon is appointed to preside as Adjudicator in the proceedings.
A date hasn’t been set.