Inquiry launched after probe into alleged police wrongdoing took 8 years

The Law Enforcement Review Board has launched an inquiry to find out why it took Alberta's police watchdog more than eight years to charge two Calgary officers after allegations of misconduct in 2008.

The charges stem from the arrest of a Hells Angelduring a traffic stop in August 2008.

The oversight investigation was conducted by the Alberta Serious Incident Response Team (ASIRT), which looks into alleged police misconduct particularly when officers kill or injure civilians.

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More than eight years after thearrest, ASIRT laid perjury chargesagainst police officers Sgt. Les Kaminski and Const. Brant Derrickin January 2017.

Assault charges that arose from the case againstKaminski, who is now the president of the Calgary Police union, were droppedearlier thismonth.

The review board isto report to the justice minister within one yearfrom today.

If theinquiryhasn't concluded within that time, LERBmust provide an estimate of additional time needed to finish the inquiry andsubmit areport to the ministerwithin three monthsof hearing all evidence.

Formal inquiry

The review board said the inquiry willexamine the time between the arrest in 2008 and the ASIRT charges in 2017 to determineif there were any efforts to hinder public oversight of officers involved.

It will be up to review board to determine how theinquirywill proceed, which will include giving parties involved an opportunity to make submissions on the issue.

"It's critical to ensure that the public has confidence in Alberta's police and civilian oversight bodies," KathleenGanley, minister of justice and solicitor general, said in a release."Holding aninquirywill allow this case to be examined in full view of the public."

The review board'sprimary role is to hear appeals of disciplinary decisions from citizens and police officers, but the minister has authority under thePolice Actto direct it to hold publicinquiriesinto policing matters.

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Under thePolice Act, the review board has the authority to summon witnesses and order the production of relevant records and documents.

TomEngel, chair of theCriminal Trial Lawyers' Association's policing committee, called the inquiry a "historic occasion in civilian oversight" and applauded the decision.

"Not only will this inquiry be beneficial to the citizens of Calgary, the Calgary Police Service and the administration of justice in Calgary, but it will also well serve all Albertans who value excellent policing services," Engelsaid.

Theinquirywill operate independently from the criminal proceedings againstKaminski and Derrick, who are presumed to be innocent.

Arrest and acquittal

After being arrestedduring a traffic stop on Aug. 31,2008, Jason Cyrus Arkinstalla Hells Angelwas acquitted in 2011 of uttering a threat to kill a police officer.

In the decision, Semenukwrote that Kaminskistruck Arkinstalltwice with a baton while the officer was placing Arkinstall in handcuffs.

Semenuk also wrote thatArkinstallwas was struck in the back of the head and thrown into the back of a police van by Derrick.

The incident was captured on video by two bystanders in a building above the downtown street where the arrest took place.

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Semenukrejected the evidenceof Kaminski and two other officers who testified at the trial, writingthatKaminski"was not a credible or reliable witness," wavered in his evidence under cross-examination anddidn't take proper notes.

The judge wrote thatvideo taken by bystanders contradicted the officer's testimony.

Calgary police Chief RogerChaffin said he welcomes the inquiry andwill support it unconditionally.

"Public trust and confidence are the cornerstone of community policing. In my opinion, the most appropriate way to achieve this in relation to this matter is through a full and transparent inquiry by the Law Enforcement Review Board," Chaffin said.

Chair of the Calgary Police Commission BrianThiessen also expressed his support and saidthe inquiry is the most appropriate way to addressconcerns in this matter.

"It is a priority for the commission to ensure that the civilian oversight framework operates with fairness, efficiency, and transparency,"Thiessensaid.

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