November 17th,2000
"Like he was in Absolute Pain"!
Witness testifies at Coroner's Inquest
Another says "Every Breath was a Scream"
News and Comment
by Tehaliwaskenhas - Bob Kennedy, Oneida
Publisher and Editor of Turtle Island Native Network
www.turtleisland.org
Rebecca Steele, a student was there before police and ambulance. She
testified she was quite surprised that when authorities arrived on the scene --
police and paramedics were not quick to help Anthany Dawson even though
he was screaming.
It was obvious to her he was desperate and in severe pain. "The way he was
screaming was like he was in some kind of pain --- it was desperate. The way
he was screaming warranted some kind of aid", she recalled. Ms. Steele
testified that she remembers being quite surprised that authorities were just
a few feet away from Anthany but they didn't even bend down to give him
assistance right away.
When questioned further about this by Dawson family lawyer Adrian Brooks,
she recalled the police officer and ambulance attendants stood close to
Anthany, talking to each other and putting on gloves. But they did not make
any move toward him, to help him, "That really stands out in my mind", she
emphasized.
Ms. Steele believes a minute or two passed, then Anthany "took off his
clothes and ran." During that time he screamed but police and ambulance
attendants stood by and took no action to help him.
Rebecca's friend Tasha Libertore recalls Anthany lying in the road and,
"Every single breath was a scream", and he was holding his head. According
to her recollection the police and paramedics were " standing around,
standing over him ... talking and looking at him and talking back and forth".
She also recalled a police officer squatted down briefly next to Anthany and
said something like 'are you ok buddy?'. Then he returned to talking with the
paramedics.
Ms. Libertore said, "All of a sudden he started kicking, flailing, taking his
pants off ... screaming, screaming". He jumped up and started running.
Anthany "bolted" down the street, she said, past a police officer who tried to
grab him.
The police lawyer pursued the issue further about police and paramedics
'care' at the scene. The witness confirmed that in her evidence given to
police in September 1999 that several times she saw police and paramedics
bend over Anthany and they tried to talk to him. She also confirmed she
previously said the police conduct was really good.
( By way of comment, questions remain ... I can't help but think about what
policies and procedures do the experts - the police and paramedics follow to
prevent someone in distress like Anthany from leaving the scene where they
first encountered him? What interaction would have stopped him from
running? From getting hurt? From facing what he eventually faced when he
was forcibly apprehended later on?
Obviously the responsibility is the jury's to decide what recommendations
might be made to prevent similar circumstances. But I believe a 'special
needs' approach is critical in determining these recommendations. For me, a
key recommendation would be the creation of an Aboriginal crisis team in the
Victoria Police Department, or an Aboriginal liaison/response team that will
be called to the scene and hospitals - anyplace Aboriginal people come in
contact with crisis situations with the mainstream society. Imagine how things
might have been for Anthany!)
As I am writing this and about to publish it to the web site, a woman is
testifying at the inquest but I cannot tell you her name. Coroner Diane Olson
has just imposed a publication ban on her name to protect her daughter and
family, because of the nature of her testimony and her personal references to
psychotic episodes her daughter experiences. The witness testified when she
saw Anthany Dawson it reminded her of what she sees at home, "I felt he
was in a psychotic episode, you couldn't get a word in edgewise," she said.
Anthany was, "writhing and flapping on the ground --- he was flailing,
writhing, he looked palid/palour, appeared to be in a cold sweat - beating his
arms, his legs on the ground .. he was screaming, telling everyone to Leave
Me Alone". He also was swearing. What he was saying seemed normal,
under the circumstances, she thought.
A motorcycle police officer came to the scene and she saw him with Anthany
on the ground, "He was over him, his arms were over him, holding him down.
He was trying to get himself loose. The screaming continued.There was quite
a struggle going on. He was a powerful young man. This was a large
policeman," she recalled. Anthany tried to get up and the policeman put him
down. Coroner's counsel asked if she saw the policeman kick him, "No!". A
choke hold? "No"!, she replied.
One of her daughters who was with her August 11th, 1999 also testified about
what she saw. She saw Anthany, "He looked really tense - you could see all
of his muscles - he was breathing heavy - sweating, looking panicked - panic
attack". She recalled the paramedics spoke to Anthany, "Calm down sir,
relax. Can you tell us what's wrong, are you on any drugs?". But Anthany did
not reply - he was screaming! The girl was asked if anything the police did
was aggressive or heavy handed? "No!". "I saw him sitting on top of him
trying to control him." Did you see the police officer strike him. "No!". Use
a choke hold? "No!". Kick him? "No!".
Other witnesses are expected to provide testimony next week that will
present a much different picture of what happened and much different
answers to the same questions.
November 16th, 2000
An unfortunate series of questions yesterday from coroner's counsel John
Orr to Anthany's cousin Troy Lagis suggesting he changed his testimony and
perhaps someone asked him to change his evidence. The family didn't like
the line of questioning. Orr said he didn't mean to suggest the Dawson family
lawyer Adrian Brooks tried to get Troy to change his evidence. The issue
was raised because of the way the questions were reported in the local
newspaper this morning. The issue prompted Coroner Diane Olson to remind
the jury members their conclusions are to be based solely on the evidence,
and they must disregard anything they read in the media.
Testimony Resumes
Witnesses recall that fateful day
Some of Anthany's last Actions - Some of his last Words
on August 11th '99
Gail Plant, a Sears salesperson was on her way home the day Anthany
Dawson was being apprehended by police, August 11th, 1999. She testified
that she saw him twice, at two different locations as she walked along Oak
Bay near Stadacona Park and then further on near Harry's Flower shop.
Around 4pm she saw Anthany in the intersection at Oak Bay junction, "in the
middle of the road and confused and he was yelling something, and he sat
down". Anthany was, "holding his head, chanting or shouting. I thought
maybe he was calling to someone", she recalled. According to her
recollection Anthany then got up and ran down Oak Bay Avenue. Then she
went home where her daughter called 911 because she thought, " a young
man was having an epileptic fit".
Ms. Plant testified that a little later -- perhaps ten minutes, she walked down
the street again. When she came back to the second location Anthany was
quietly lying there. A policeman was then seen trying to hold his pants on ...
earlier she saw Anthany wearing pants but no shirt. She said Anthany "got
up and started to run again". At that point he wasn't wearing any clothes at
all. "He was running very quickly, very fast," she said.
On the afternoon of August 11th, 1999 university student Chelsea Garside
was cycling up the hill on Oak Bay avenue near Richmond. At the time she
was employed as one of the Capital Regional District's so-called 'sprinkling
police' ... checking on people's lawn watering habits.
Chelsea said the car in front of her slowed down, she saw two women
standing near a man lying on the ground. "He was flailing ... oh my God he
needs help", she thought. She ran over, "to see what I could do", thinking
about his condition and some basic first aid skills she had. "Oh my God he's
having a seizure", she thought.
She said she and the women bent down over him to try to help, to comfort
him, to place him in the recovery position but, "he was moving so much,
kicking, flailing...and throughout the whole time he was shouting...", she
recalled. Coroner's counsel John Orr asked her if she remembered what
Anthany was shouting. She couldn't but then was provided with a copy of her
statement to the RCMP. In that she recalled Anthany shouting, "No no I'm
not going to be ok it's all wrong".
Chelsea Garside recalled,"It was like he could tell we were there but he
wouldn't speak to us." She and the others then started stopping cars hoping
someone had a cell phone to call for help. They ran up to a BC Transit bus
and told the driver they needed an ambulance. They returned to Anthany who
got up and ran down the street. She followed him and she said he laid down
on the street again and flailing his arms, Chelsea told him, "You're going to
be ok, you're going to be alright ... calm down...slow down your breathing".
She believes Anthany repeated that he wasn't going to be ok and he also
said, "everyone get away from me ... get back get back."
When asked if she thought Anthany had been drinking, she said no, "He was
so cognizant, he could see what was going on around him."
The coroner's counsel read the following letter - Exhibit 27 into evidence
from a witness who could not appear at the inquest to testify.
Dianne Olson
Victoria Regional Coroners
P.O. Box 9212
Stn Prov. Govt.
Victoria, B.C.
V8W 9J1
January 5, 2000
Dear Ms. Olson
Per your reuqest, following are recollections of observations and impressions
during my encounter with Mr. Anthany Dawson on Oak Bay Avenue last
August.
In August, 1999, my wife Nancy, our two kids and I, were visiting her parents
in Victroia in August. On August 11th, the six of us were returning home from
downtown and were turning right off Richmond onto Oak Bay when Nancy
noticed Mr. Dawson on the ground moving erratically in the middle of the
road. She thought he might have been hit, or having a seizure. She pointed
this out to me - I stopped my vehicle, got out and ran over to him.
Mr . Dawson's behaviour suggested that he was significantly distressed. I
put my hand on his shoulder to try to calm him down, with hopes of getting a
pulse and of feeling his skull for injury. My attempt to calm him didn't seem
to have much effect. He kept on moving and rocking. I wouldn't describe him
as "flopping around" - his movements weren't uncoordinated or uncontrolled.
The muscles in his arms and upper body were very tense. I asked him a
number of questions:"Can you tell me what's wrong?", Are you on
medication?", "Have you been taking drugs?". "Are you epileptic?", "Are
you diabetic?". He didn't answer any of my questions.
Thus, I thought he couldn't understand me, but then I told him I was going to
loook in his wallet, he quickly put his hand over his back pocket and blocked
my hand from getting it. I kept talking to him and asking him questions, and
when I asked him the question " Are you tripping?", he quickly jumped to his
feet, holding his head, and yelled " I'm not fucking OD-ing!". Apparently, he
did understand what I was saying. WHen he jumped up, I was surprised by
his strength and coordination. I figured I wasn't going to be able to pyhiscally
restrain him from hurting himself. Nor was I comfortable being too close to
him - he wasn't combative, but his motions were aggressive.
He then ran down Oak Bay about 30 feet, sat down on the pavement and
started groaning and rocking his head side to side again. I followed him. He
proceeded, somewhat methodically, to pull out his wallet, take off his jewelry,
and take off his shoes, leaving the articles on the pavement. I looked through
his wallet to find any indication of a medical or psychological ailment, but
found none. I did find, and take note of, his name.
At about this time, the paramedics and police came onto the scene. I took
Mr. Dawson's wallet and jewelry over to the police officer, who instructed me
to leave them on the ground. I went over to a paramedic and told him how I
found Mr. Dawson and commented how strong and wiry he was. The
paramedic said that he wasn't about to go near him, and he made some
mention to an associate of a special restraining device.
I didn't make the connection that Mr. Dawson had died soon thereafter in
police custody until December, when my in-laws were visiting Edmonton and
brought me a December 3rd, 1999 newspaper clipping from a Victoria paper.
I bothered me to find out what happened, knowing how distressed he was at
the scene, and how much he must have been so when he died.
Cam Dafoe
November 15th, 2000
Sudden in-custody death - How Anthany Dawson was Handled
The use of force - Restraint Asphyxia
Anthany's ability to breathe
News and Comment
by Tehaliwaskenhas - Bob Kennedy, Oneida
Publisher and Editor of Turtle Island Native Network
www.turtleisland.org
Pathologist Dr. Laurel Gray was repeatedly questioned by laywer Adrian
Brooks about the issue of the use of force. What about the stress of
restraint, and what does the current literature say about the affects on people
under certain circumstances, people who suffer sudden collapse and death.
Brooks quizzed her about articles that reference cases in which people were
prone, chest down, and restraint was used, and there was "some degree of
resistance --- a struggle". He referenced cases in which all experienced
cardiac arrest. Specifically questions were prompted by a report of 21 cases
in the American Journal of Forensic Medicine and Pathology.
Perhaps some of it might explain what happened to Anthany Dawson. For
example, the loss of consciousness attributing deaths to asphyxia during
restraint. But Dr. Gray isn't so sure, "Every one is different, there are
different variables, different interactions. They're very complicated cases."
She believes there's a lot of confusing terminology in the writings. Brooks is
certain what is clear, is that there's sufficient forensic pathology literature
highlighting the dangers of restraint.
The police lawyer was quick to dismiss Brooks' line of questioning. Dr. Gray
was quick to respond to questions by Guy McDannald that in the academic
articles none of the cases are similar to Anthany's case because none
involved CPT-1 and none experienced Anthany's grossly deranged metabolic
state ... "No!", she said to all points.
McDannald then presented his own academic reference point from the
Journal of Toxicology - a study the pathologist referenced in her report about
life threatening hyperthermia associated with a young man who smoked
marijuna and went for a short jog on a hot day.
By way of comment - this certainly is not a chapter out of 'reefer madness'
but still far-fetched if you recall the earlier testimony from the toxicologist
who said Anthany may have smoked some marijuana but 12-24 hours
perhaps longer before the day he died. The police lawyer of course
deliberately ignored this fact. Adrian Brooks came back to point out the
young man in the case used did not die. Anthany did!
Would Anthany have died anyway, even if he had not been restrained?
That's what the police lawyer asked the pathologist. Based on knowing
Anthany's condition of metabolic derangement, might cardiac arrest have
occured without restraint? Dr. Gray agreed. A curious and quick response
when you consider Dr. Gray's previous emphatic approach to answering
questions - qualifying her answers with reference to 'multi-factoral'
considerations.
Knowing what he knows now, would emergency room Dr. Roderick
McFadyen do anything differently in treating Anthany? If he had Dr.
MacLeod's report about CPT-1 and Anthany's rare illness? Would it have
made any difference in emergency room procedures? "I don't believe it
would have", he responded. But McFadyen would find it helpful if patients
with rare illnesses carried a card that included possible treatments. As for his
awareness of Anthany's rare disorder? This was "entirely below my radar"
before this inquest.
November 14, 2000
The coroner's inquest reconvened at the Da Vinci Centre, 195 Bay Street,
Victoria, British Columbia. It is expected to sit for testimony November
14-17th, 20-24th and 27-29th. November 30th the coroner's charge to the
jury, jury deliberation and the jury's verdict.
As reported by Turtle Island Native Network
Mysterious death of young Native man.
At the coroner's inquest in Victoria, British Columbia the pathologist Laurel
Gray called Anthany Dawson's injuries minor and trivial. The family lawyer
did question Doctor Gray who admitted some of the injuries might have been
caused by someone punching Anthany but she also said the inujuries may
have been caused by him banging the pavement. His mother Nancy Dawson
dismisses the official autopsy report and she threatens to release photos of
her dead son. She and family members believe ANthany was manhandled by
police and emergency staff prior to his death in August 1999. Testimony has
revealed Anthany may have suffered from a rare genetic illness but whether
it was a major factor in his death is unclear.
November 14, 2000
Metabolic imbalance a factor?
No cocaine or designer drugs!
No serious injuries but what caused them?
News and Comment
by Tehaliwaskenhas - Bob Kennedy, Oneida
Publisher and Editor of Turtle Island Native Network
www.turtleisland.org
"Order in court, all rise ... this inquest has now resumed." With those words,
the Anthany Dawson coroner's inquest was underway again after a three
month delay.
Victoria medical genetics specialist Doctor Patrick MacLeod, the first
witness of the day testified about a rare illness - a metabolic deficiency that
may have contributed to Anthany's behaviour at the time of his death in
August 1999. L-CPT 1 Carnatine Palmitoryl Transferase - an enzyme
deficiency disorder, a genetics mutation related to biochemical abnormalities
that Anthany may have suffered.
This medical testimony is the key reason for the lengthy delay -- since
August, tests were conducted on some of Anthany's liver tissue that was sent
to the Laboratory at the Dallas Children's Hospital. Results prove Anthany
did have medical indicators of the gene mutation but not as strong as his
cousin whose illness he was treating triggered Doctor MacLeod's interest in
Anthany in the first place. Newspaper accounts of Anthany's behaviour on
the street prompted the doctor to believe there may have been other medical
factors in play.
But there are so many unknowns about this illness. Even though Anthany's
severity of his deficiency is roughly half of someone with deficiency in CPT 1
and CPT 2, it is not known what influence other stressors would have played.
Would Anthany's condition react to stressors as severe? Dr. MacLeod said,
"We really don't know that."
Under questioning from the coroner's counsel, Dr. MacLeod when asked
about what he might recommend as a result of his involvement - quickly said,
"Think metabolic", when people act in unusual ways. In an interview this
past summer with Turtle Island Native Network, Doctor MacLeod said he
was concerned how authorities respond and how their biases influence their
decisions and their actions. At the inquest, he reminded us, "Many of these
people are sick".
In fact, questions by family lawyer Adrian Brooks raised powerful concerns
about 'what might have happened' if Anthany received treatment in hospital
and his illness became evident ... if he hadn't suffered cardiac arrest ... if the
biochemical imbalance Anthany may have suffered wasn't for
example,compounded by a lack of oxygen. Restraint at the scene may have
been a factor in contributing to a reduction in the amount of oxygen to the
heart.
All of this medical evidence and information has come far too late for
Anthany but not his relations. Doctor MacLeod hopes this will lead to
prevention of what happened to Anthany and help individuals with the
disorder, but also people who come in contact with them. Perhaps "people
who have this mutation could carry a card in their wallet", and we can make
sure in the future they receive treatment.
The doctor said he has learned so much by getting involved with the inquest
process even though at first he was reluctant. "I resisted making this an
Aboriginal issue --- many things changed my thinking", he testified. This
includes working with the Dawson family and the Indigenous Governance
program at the University of Victoria and UVIC's human experimentation
review committee to acquire samples of Anthany's tissue for long term use to
help in researching this genetic illness --- learning about proper protocols.
As a scientist Doctor MacLeod sees great potential for finding answers and
unlocking the secrets of this rare genetic illness. He said for example, "the
cultural dietary aspects of this disorder -- traditional foods".
The second witness, Doctor Stu Huckin, a toxicologist testified tests found no
sign of cocaine or designer drugs and no sign of LSD. "We found two drugs",
he said. Lidocaine, a resuscitation drug, and the metabolite of marijuana. He
added, "We did not find the active ingredient" -THC. Doctor Huckin said it
was likely Anthany had used marijuana about 12 hours before the urine
sample had been taken ... but then he added perhaps 24 hours or possibly
longer.
Then forensic pathologist Dr. Laurel Gray's testimony - details of her
autopsy on Anthany. She laid out her findings... The vast majority of injuries
were minor ... "small scrapes, friction marks on his knees, elbows, scrapes
and bruises on his face. No large injuries! No broken bones, no fractures. No
bruising on the scalp. No fractures to the skull."
She found no internal signs, no evidence of heavy alcohol or drug use. When
asked about her conclusions regarding Anthany's death. Could she shed light
on the cause of death? "Brain injury sustained in cardiac arrest". Why did he
suffer cardiac arrest? She described it as a "restraint associated cardiac
arrest". But she was not really able to pinpoint it further other than to say
there are other factors that may contribute to cardiac arrest in people who
are restrained. In Anthany's case, "the agitated state he was in." Of course
Doctor MacLeod's earlier testimony provided ample explanation for what
might have caused that behaviour.
Nancy Dawson, Anthany's mother listened carefully to the pathologist's
testimony and it angered her, the impression that was left. Now she wants to
release photographs she saw of Anthany. Photos Nancy believes show
something different than this testimony. She hopes to make them public
within days.
Anthany's mother also plays down the significance of the medical testimony
about the rare illness that her son may have had. Her point is that she
believes how Anthany was handled is the more important factor to be
questioned. Her comments during a break seemed to be prophetic.
Dawson family lawyer Adrian Brooks pointed out the pathologist identified
42 external injuries, and then proceeded to have her agree that some of
these so-called 'non-specific' injuries could have been caused during the
scuffle when he was being restrained by authorities ... and some could have
been caused by someone punching Anthany? "That's possible, that's
correct," she said. When questioned later by the lawyer for the paramedics,
Doctor Gray said the injury also could have been caused by "banging his
head on the pavement or nearby structures."
In wrapping up the day's testimony, one of the police lawyers pressed Dr.
Gray further about the injuries and she confirmed her findings stated in her
report that, "the injuries were trivial in nature and did not contribute to the
cause of death in any way".
Inquest Reconvenes
October, 2000
There's going to be a fundraising event November 7th at UVIC. Hear Yvon
Gesinghaus, aunt of Anthany Dawson speak about his death and his
treatment by police and medical professionals. Share your concerns and
ideas for making change, fighting racism and showing solidarity with First
Nations. 7:30PM Tuesday November 7th Room C-118 David Strong
Building, University of Victoria. Sponsored by Aboriginal Rights Coalition,
BC Government Employees Union, COmmunity Coalition Against Racism,
International Socialists, Native Students' Union UVIC, Steelworkers Union
Local 2952 UVIC, Victoria Labour Council.
September, 2000
Community efforts to assist the Dawson family are growing. An Anthany
Dawson Legal Defence Fund has been set up at the Terrace branch of the
Bank of Montreal by the Kitsumkalum Band Council. For more information
call 250-635-6177 Diane Collins, Chief Councillor or William Christiansen.
UPDATED - September 17, 2000
Without giving reasons why, British Columbia authorities have flatly rejected
a request made by the Dawson family to have free access to daily transcripts
from the coroner's inquest. Nancy Dawson wrote to the Premier, the
Attorney General and the provincial Coroner's Office but her request was
refused in a letter from Assistant Deputy Minister Stackhouse. Nancy
Dawson was informed her request for the Coroner's Office to create a web
site where daily transcripts would be posted regarding her son's death was
rejected because "unfortunately the Coroner's Service is not in a position to
provide the specific services you are requesting". In fact, the family and
members of the local Aboriginal community provided suggestions for how to
make the services available. It's believed the bureaucracy was unwilling to
bear the costs of establishing such services and also didn't want to set a
precedent that would encourage others to make similar requests.
-------
National Chief Matthew Coon Come is being asked to intervene on behalf of
the Dawson family in their struggle with the system. The leader of the
Assembly of First Nations has received a letter from the Capital Region
Race Relations Association, a Victoria, British Columbia group fighting
racism and supporting the Dawson family's struggle to get justice. The
anti-racism support services centre plans a First Nations Awareness Evening
this fall and has invited the National Chief to attend to show his support for
Anthany's mother Nancy who has been forced to re-mortgage her home
several times in order to raise funds to pay lawyers fees and ongoing costs.
August 14, 2000
Anthany Dawson's Mysterious Death
New Medical Information May Provide Clue
Inquest Adjourned - More Studies Needed
News and Comment
by Tehaliwaskenhas - Bob Kennedy, Oneida
Publisher and Editor of Turtle Island Native Network
www.turtleisland.org
"A very, very, very rare disorder". --- A medical geneticist has revealed new
and significant information at the Victoria Coroner's Inquest into the
mysterious death of Anthany Dawson. The Inquest reconvened briefly after a
two-week delay, only to be adjourned again.
This time it has been delayed until mid-November, to allow for further
medical research --- additional family studies.
Doctor Patrick MacLeod is the head of the Capital Health Region's Genetics
Clinic who became interested in news reports about Anthany's behaviour
prior to being apprehended by police. Then by chance, he learned that one of
his clients with the rare illness was Anthany's cousin. That really got the
doctor's attention and he decided to bring his concerns to the coroner.
He believes Anthany's actions leading up to his death are related to a rare
genetic disorder and that judging by Anthany's behaviour on the day he died,
he was having a medical crisis. "Here was a young healthy male who had a
sudden catastrophic episode", MacLeod said in an interview with Turtle
Island Native Network. Although further studies are required, the doctor's
suspicions have been supported by specialized gene testing.
Dr. MacLeod took a DNA sample of Anthany and sent it to a lab in Texas
and asked them to look for a genetic mutation. He told the inquest, they
found it. It suggests a deficiency that may have contributed to Anthany's
profuse sweating and ripping off of his clothes.
It means this wild behaviour demanded medical attention - not the judgement
that he was just another drunken or stoned Indian, as the family feels he has
been unfairly portrayed so far at the inquest.
The significance of Doctor MacLeod's findings will become clearer once he
completes more studies. But he does point out it is a treatable condition and
that means some hope of preventing for other people the type of crisis
experienced by Anthany Dawson.
By way of comment --- it seems to me Doctor Patrick MacLeod's 'hunch'
about Anthany is a gift to all of us. In fact, he told me he was hesitant to get
involved in the inquest because past experience with these
politically-charged forums has not been all that pleasant. However, he told
me he was "compelled" to get involved and that there's obviously a greater
purpose to all of this. Ironically, on the day of Anthany's death, the doctor
spoke to his health contacts at Kingcome, Anthany's home community where
he was gathering more medical proof about this rare disorder. His
involvement with this inquest appears to have been "meant to be".
Why?
Doctor MacLeod is someone who wants to expand "the circle of wellness".
He believes the more we find out about these illnesses that result in people
displaying unusual behaviour, the more likely we will be able to prevent a
repeat of what happened to Anthany Dawson.
OTHER DEVELOPMENTS
One of the five jurors was away because of illness. The question remains ...
Will he be returning when the inquest reconvenes?
The issue of access to police discipline records. Adrian Brooks, the family's
lawyer pressed the coroner to seize the records. But because of Coroner's
Counsel and police lawyer concerns about him naming names of witnesses
and what they were expected to say in testimony, they raised the need for a
publication ban. There was a recess. When they returned it was all worked
out. Curious. The lawyer for the police all of a sudden agreed to provide the
service record but revealed that in fact there wasn't any discipline record for
Constable Sheldon. Hmm!
A touch strange if you ask me, this whole situation of the police discipline
records. If there wasn't any in the first place, and the police lawyer knew the
family's lawyer wanted to see them, then why didn't they just say so in the
first place? Was it just a red herring? Certainly a bit fishy --- the way it all
unfolded and then quickly evaporated as an issue.