November 21, 2000

Anthany Dawson hit by Powerful Police Punch

Coroner's Inquest Rocked by

Allegations of Police Brutality

(The following is written with the assistance of material from contributor Debra Bell)

Tension entered the basement of the DaVinci Centre Monday, more than ever - as allegations of police brutality surfaced again and the issue of fairness was debated. In the end, despite strong and aggressive protests from a lawyer for the Victoria Police, Coroner Diane Olson agreed to allow controversial evidence to be read into the record. The inquest heard from Mrs. Corrie Atherton whose husband was unable to attend because of illness, but whose powerful statement about what he saw happen, shook up the inquest Monday.

Mrs. Atherton's testimony reenforced what her husband said in the statement he gave about what happened August 11th, 1999. She and her husband saw Anthany get punched in the face.

Earlier in the day testimony from Doctor Bonnie Gleason suggested Anthany couldn't have been punched because she never saw the necessary signs - bruising. But the Athertons aren't the only ones who say they witnessed heavy-handed police action.

James and Kimberly Angus live near the scene where Anthany was on the ground. They were on the second floor of 1814 Oak Bay Avenue and saw most of what occured when the police caught up to Anthany. Mr. Angus was first on stand and states he saw the motorcycle cop approach Anthany and put him into a chokehold and he punched him twice. Mrs. Angus testified after her husband at the inquest, but said she was the first at her laundry room window when she looked out to see Anthany lying quietly naked on his back and saw the motorcycle cop walk up to Anthany and give him two hard punches to his left neck/eye region. She remembered saying to her husband twice - why was the cop being so rough . Anthany was not struggling.

After the cop punched Anthany it was then he put his arms in a defensive position and she does not know if the motorcycle cop lifted Anthany up or Anthany raised himself up, but at that point he was struggling and then a large man, a bystander in a purple shirt asked the cop if he needed help and the cop said he did and the man sat on Anthany, straddling him, chest to chest.

The jury was excused when John Orr, counsel for the coroner said he was going to read into the record the statement of Mr. Atherton who was unable to attend. Orr wanted the jury excused because there was objection from police counsel. The police lawyers objected because it would mean allegations about their clients would be introduced into evidence but because Mr. Atherton wasn't there they couldn't question him and that would prejudice the jury against their clients - the police.

In their arguments the police lawyers tried to suggest we already know what happened to Anthany from all the medical testimony and that there was no

indication of environmental causes for Anthany's death and Mr. Atherton's

statement would therefore be immaterial and irrelevant.

But Dawson family lawyer Adrian Brooks would accept none of that. He said we cannot pick and choose which statments we are going to hear and there was some discussion about how the Supreme Court of Canada even with its strict rules of evidence have allowed an informal statement to be read - in the absence of the person - if there were exceptional circumstances.

Coroner Diane Olson said in the interests of fairness and of getting to the cause of Anthany's death she would allow the statment to be entered and read into the record. She said she would be the one to instruct the jury at the end of the inquest as to what evidence they should use to make their recommendations.