Public banned from Edmonton police disciplinary hearing

The media has been banned from an Edmonton police disciplinary hearing that was supposed to be open to the public.

The hearing is for three police officers who face disciplinary charges of unlawful or unnecessary exercise of authority.

The charges stem from a notorious case dating back to February 2010 that involves allegations of police brutality, a whistleblower and a coverup.

Kasimierz Kozina was being investigated for drug trafficking in 2010 when he was allegedly attacked by Const. Jack Redlick, Const. Jason Kemp and Const. Craig Offin.

In a statement of claim,Kozina said he was dragged out of a car, kicked in the back, then repeatedly kicked and punched.

Kozina, who said he suffered a fractured orbital bone and spinal injuries, is suing the Edmonton Police Service for $1 million.

Former Edmonton police officer Derek Huff witnessed the attack and later compared it "to the Rodney King beating."

Huff took his concerns to superior officers, but said that labelled him as a rat by his co-workers.

He resigned from the Edmonton Police Service in February 2013.

Criminal drug charges against Kozina were stayed by the Alberta Court of Appeal last year, after Huff filed an affidavit with the court about the assault.

The disciplinary hearing for Redlick, Kemp and Offin began Tuesday morning. A CBC reporter who entered the hearing room was told an application had been made by a lawyer for one of the officers to hold the proceedings in private.

Retired Court of Queen's Bench Justice Mel Binder had already granted the application. He told CBC "there were certain privileged matters that needed to remain privileged."An Edmonton Journal reporter was also turned away.

The first witness who testified behind closed doors at the secret hearing was the original complainant, Kozina.

"He just testified about what happened to him and what his injuries were", Kozina's lawyer, Tom Engel, said afterwards. "So it's not possible that anything he had to say could be in relation to any need for a secret hearing."

Engel said he and his client both strongly believe the hearing should be open to the public.

"This is a very notorious case with a high degree of public interest," Engel said. "He thinks the public should know about how these officers acted and how their supervisors acted."

A lawyer representing CBC and the Edmonton Journal will ask for a reconsideration of the decision to ban the public from the hearing. He'll make submissions Wednesday morning at the tribunal.

Engel plans to attend to voice his support for the media request on behalf of his client.

"Based on what I know, there seems to be no adequate reason for closing the hearing," Engel said. "And if there is no adequate reason for closing the hearing, then it does cross your mind does whoever made the motion just want this to be kept secret or what? I don't know."

janice.johnston@cbc.ca

@cbcjanjohnston