Photo of Myles Gray's injuries won't be shown to jurors, coroner rules

The final fullday of aninquest into the death of a man beaten by Vancouver police began Friday with the presiding coroner rejecting a request from the family's lawyerto have a photo showing his bodyatthe scenesubmitted as evidence for the jury to see.

Lawyer Ian Donaldson, representing the family of Myles Gray, asked tohave onepictureentered on the basis that it would be"helpful" to the jury as they prepare to analyze days oftestimony to classify Gray's manner of death.

"A picture is worth 1,000 words," said Donaldson.

Gray, 33, died shortly after a fight with seven police officers in a forested backyard in Burnaby, B.C., on Aug. 13, 2015.The two-week inquest heard from officers who spoke about their actions publicly for the first time,as well asfirefighters, paramedics, personnel from B.C.'s police watchdog, a toxicologist and the forensic pathologist who performed the autopsy.

The inquest was set to end Friday, but will now resume again on Monday to allow time for testimony from the final witness after a two-hour delay on what should have been the last day.

The jury has already seen photos of the backyard with Gray's body visible from a distance. Donaldson said the photo he tried to have entered Friday would have been a clearer image of specific injuries.

A coroner's inquest does notmake findings of legal responsibility, but the five jurors are tasked with classifying Gray's death as either an accident, a homicide, a suicide, natural or asundetermined. They will also make recommendations aimed at preventing similar deaths in future.

Gray's mother, Margie Gray, pushed to have the photo of her "unrecognizable" son shown to the jury after seeing it in Donaldson's hand during proceedings.

"It would be very telling to see those photos because the 14officers [who testified] have denied that there was any blood, any injuries to his face ... I think that a verbal explanation only goes so far. Theyneed to see the photos," shesaid, speaking to reporters Friday.

"They always talk about full transparency and accountability, so let's see that full transparency."

On Friday, lawyers appearing on behalf ofthe Vancouver Police Department and Chief Const. Adam Palmer opposed the application to have the photo entered as evidence on the basis that it was unnecessary, given the othertestimony before the jury.

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Melissa Gray, Myles Gray's sister, said the jury learned the 'truth' at a coroner's inquest on Thursday about her brother's injuries as a result of being beaten by multiple Vancouver police officers in 2015.

Christine Joseph, representing the seven police officers involved in the fight, said jurors heard "a plethoraof evidence"about the extent of Gray's injuries, including testimony from nearly two dozen witnesses and written details from theautopsy report.

"It is not necessary forthe jury to have [the photo], and Ibelieve it is counter-productive to what [jurors] need to do," said Joseph, who also raised concerns about the picture's potentially "emotional or traumatic effect" on the jury.

David McKnight, representing the police department, said the photo would be "highly prejudicial" or harmful to the inquest process because jurors would be left to make decisions "about what the photo does or doesn't show" without the opportunity to question witnesses.

Presiding coroner 'torn' between transparency, procedure

Agreeing with inquest counsel, presiding coroner Larry Marzinzik determined the photo would not be allowed at the late stage in the inquest because witnesses do not have the chance to offercontext.

"I'm torn between complete transparency and proper procedure," said Marzinzik.

"Do I agree with [family lawyer] Mr. Donaldson that the photograph could've added value? Most likely, at the proper time in the proceedings not at the end of the proceedings prior to discharging the jury."

Margie Grayleft the room after Marzinzik made his decision.

On Thursday, the forensic pathologist who autopsiedGray's body said he designated Gray'scause of death as "cardio-pulmonary arrest" complicated by police officers having restrained him on the ground.

Dr. Matthew Orde told the jury he believed Gray was experiencing an "acute behavioural disturbance" but that he does not believe Gray would have died had it not been for police actions.

Grayhad been in Vancouver making a delivery to a florist's supply shop forhis Sechelt, B.C.-based business. Police were initially called after residents reportedan agitated man without a shirt had sprayed a woman with a garden hose.