December 1st, 2000 Eight witnesses testified during the inquest about a police officer punching Anthany but the Coroner and the jury refused to address the issue. The Dawson family and the Aboriginal community believe there's been an obvious cover-up by 'the system'.
The key issue at this inquest is what exactly happened to Anthany Dawson on
Oak Bay Avenue?
Eight citizens who just happened to see Anthany on the road, saw a police
officer walk up to Anthany and punch him in the head. While they varied as
to whether Anthany was punched 1,2,3 or 4 times they were consistent that he
was in fact punched. While police lawyers lined up to try and discredit
this evidence, it became clear that 8 people could not be mistaken. How
could it be said that 8 people were mistaken and they all made exactly the
same mistake?
The police officer later took the stand and testified that he did not punch
Anthany at all. All 8 citizens were mistaken.
Against the 8 witnesses, the police officer's sworn evidence that he only
decided to have contact with Anthany in order to help him, sounded more
ironic than candid. On the one hand he said he was afraid of on-coming
traffic hitting Anthany. Then he said in cross-examination that he did
nothing to try and stop traffic around Anthany.
But, ultimately, the fundamental question was never answered by this
inquest: not by the Coroner, not by the jury. Were all 8 mistaken or was the police officer lying?
Of equal importance was what the police didn't do when Anthany was known to
be in intensive care after his cardiac arrest. Virtually no notes were
made by the officer who had contact with Anthany. He did those several days
later. No thorough door-to-door canvas was done to discover exactly what
citizens may have seen on Oak Bay Avenue. As a result, 5 of the 8 citizens who
saw Anthany punched were located by a private detective hired by the family.
One was left to wonder what investigation would have happened if the family
had not been so determined to find out the truth. Should it be up to
private citizens to hire their own investigators to find out what the police
are paid to find out? What happens when the family doesn't have the
resources or the information to immediately investigate for themselves?
Finally, was a use-of-force expert for the police. He testified that it was
ok to punch citizens in order to gain control over them. Such a wide range
of forceful responses was "reasonable" with little regard to whether they
were necessary. Furthermore, arrestee safety was not part of the equation.
When one remembers that Anthany was laying there, ill, on Oak Bay Avenue
when he was punched, it seems particularly cruel to refer to it as
"reasonable."
The police behaviour toward its citizens was never fully resolved by this
inquest. That must await the Police Complaints procedure which is still available
to the Dawson family.
Coroner's Court of British Columbia We the jury classify the death as accidental. - In the event of a CT Scan being "inoperable" every effort must be made to immediately effect repairs or provide on site back up. - Hospitals should notify BC Ambulance Service dispatcher when major diagnostic equipment is not available. -A tiered level of awareness training in identification and management of agitated delerium be offered medical personnell respectively from EMA I's to emergency room staff. This training is to include current information on metabolic disorders. - Develop a program to encourage individuals to wear medical alert bracelets or necklaces to aid medical personnel in diagnosis and appropriate protocol. Consideration be made that this be provided at no charge. -Training offered individual disciplines of emergency services used in the province of British Columbia, in relation to the care and transportation of the sick and injured, should be shared in an effort to achieve safer and more efficient assistance to one another. -Newborn screening for known metabolic disorders be implemented. -Physicians should be encouraged to consult a geneticist for any suspected metabolic disorder. -Community Health Representative should be available for Genetic Counselling for patients at risk. -Develop hospital database of medical history records for expedient access. - Initiate First Nation Liaison Worker program. - To:BC Ambulance Services -Initiate process of up-grading EMA Level II's to III's utilizing on the job training and formal training towards staffing all Provincial Ambulances to EMA III Level. This must include equipping present ambulances with advance life support equipment. -New policies and amendments should have sign-off sheets indicating that member has read and understands information provided. -Policy should define a clear definition of "Transporting a Patient" to include placing a patient on transporting device eg. Stretcher. -To Victoria Police Department -A recurring formatted block in a local newspaper requesting assistance in providing information in regards to an incident where witnesses are required. -Principal Officer should complete a detailed occurrence report at the scene. -Independent liaison be appointed to liaise between investigating authority and party acting on behalf of deceased and /or counsel. -A "Critical Incident Review" as per policy definition of the "Critical Incident Review Policy" be mandatory in all cases. December 1st, 2000
At around three o'clock the door opened! A member of the jury peered out to the Sheriff.
Paul Rutherford was doing what he had done often --- waiting patiently, attentively only a few feet away in the dark foyer. "Would you like a cup of coffee?" asked the juror. Perhaps it was a basic attempt to initiate a break in their work, to reach out from their isolation. Rutherford respectfully declined the opportunity to share the juror's java. A few pleasantries were exchanged. The door closed. They went back to their deliberations. Rutherford and his partner Joanne St. Gelais went back to guarding the solitude of their drab surroundings. Then about an hour later, the door opened again and the tall redhead beckoned toward the Sheriff again. "We'd like to get some fresh air … can you walk with us?" said the female juror with another, a Native woman close by her side. The jury members needed a break. Their official day began at 8 a.m. and they had been sequestered since the Coroner Diane Olson gave them her words of guidance. She had reminded them about some of the important issues that had been raised during the testimony. Health-care, and policies. Also, cultural considerations. It was reference to the family's lawyer Adrian Brooks who had proposed the idea of an Aboriginal liaison person who would help medical staff so they might understand family questions. In her charge to the jury, the Coroner also pointed out the significance of medical testimony related to a rare genetic condition that may have influenced Anthany's behaviour and perhaps played a part in his death. In the cool, damp basement of the DaVinci Centre on Bay Street, the chairs neatly lined up four per row, in six rows --- were empty. For now, family and community members were back home or taking care of business. The Sheriff had their phone numbers and promised to call --- to alert them when the jury was ready to report its findings and recommendations. Friday afternoon 4:15. The Sheriff came down the stairs with a message from the jury --- a decision was not imminent. They expected to stay at it for 'hours'. It was more than fifteen months after the mysterious death of 29 yr old Anthany Dawson, a Native artist, Hamatsa of the Musgamagw Tsawataineuk --- only son of Nancy Dawson.
Suppertime passed. Having eaten, the jurors got back to the business of preparing their findings and recommendations. Around 9:15pm the phone calls went out. The jury was expected to be ready within a half hour.
Recommendations arrive at around 11:05pm. Justice does not.
Recommendations arrive but Justice does not!
Note from the editor - The jury in the Anthany Dawson coroners inquest in Victoria, British Columbia has ruled his death was accidental. Recommendations are directed at the police, hospital and paramedics to make improvements. But still, there are too many unanswered questions and the family is calling for a public inquiry.
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Verdict.....findings....We the jury find ... that Anthany James Dawson died at approximately 16:20 hours on the 13th day of August, 1999.
Contributing factors in Anthany's death
We find the medical cause of death was Anoxic Encephalopathy with tonsillar herniation due to restraint-associated cardiac arrest, agitated delirium and hyperthermia due to episodic metabolic crisis CPT-1 and positional asphyxia.
Recommendations
To:Dr. Ernie Higgs, Corporate Medical Director, Capital Health Region, Victoria,BC
Victoria, British Columbia
Waiting........