Nov. 22, 2000
With Notes from Fern York, family and community members
Before evidence began the Coroner Diane Olson spoke about a serious incident.
-a witness spoke to one of the jurors and this was reported to the Coroner
-She reminded everyone that no one was to approach the jury
Witness approached one of the jurors yesterday during lunchtime and apologized for the evidence he gave. Juror advised witness he could not be communicating with her.
Witness Susan Mullins
Works at pet clinic in Oak Bay. Heard "anguish noises". Gives statement that she was concerned for the police officer. Witness did not see any force used. Her observation was that the large man was on his buttocks area. Sounds from him continued off and on. Witness went into clinic and continued to watch from inside. "They put a twist thing on him." and placed on the stretcher. He did not struggle after that. The sounds stopped from him. One minute to thirty seconds before he went into the ambulance is when no movement was seen from him. She saw the large man and the police officer were the ones to bring Mr. Dawson to the ground. Anthany was still in a standing position. Witness did not see any other people until the next officers come. Witness then says she was in the building when he was on the ground. Legs and arms restrained and is face down. She saw police officer with a helmet on. Struggling stops after stretcher straps were put on him. Witness questioned and thought to her self at the time, "Are they hurting this man?" Yet she did not see any abuse. She saw one police officer go into the ambulance. However she did not see if the officer there.
Testifies that a Dr. for the Dawson family interviewed her. The next day after he died at her work place is when she gave her first statement. Witness has no idea who she was talking to.
*Yesterday Mark Sim testified that he played a major role and was present most of the time.
Witness Michael Fallis
He was walking with his girlfriend when he had seen the memorial display for Anthany. Then his girlfriend reminded him that he had witnessed this case. He then contacted the police - statement was taken a long time afterwards (over a year after). Witness was not aware of Anthany's death. He saw the police officer on top of Anthany. Police officer had his knee in the small of Anthany's back. One arm of Mr. Dawson his left was being held behind his back. He did not see in any close vicinity another civilian helping the police officer. Police officer had his helmet on.
Witness Clement Huot
Working at the library in Oak Bay village and he was traveling west bound towards town. He watched Anthany lay on the ground. "He was sweating - heavily" Police officer sat on his bike for a moment. Mr. Dawson did not making a sound. He thought Anthany was "ripped". The police officer smacked Anthany in the face twice and he told Anthany, "When I tell you to fuckin role over! You role over!" He watched the police officer give two short jabs in the side of the head. One right after the other. He did not hear Mr. Dawson yell back at the Police officer he could only hear the police officer in a loud commanding voice. Continued after break.
Witness saw no injuries on Anthany prior to the police interaction. Anthany in Huot view did not collapse he laid on the ground. He saw the police officers knee in Anthany's back. He did not see Mr. Dawson fight back. Witness testifies helmet remained on the police officers.
Witness Karen Boyd
Pharmacy technician and works at the Royal Jubilee hospital. Residence at the time, 1811 Oak Bay Ave. She could hear screaming coming from up the ave.. She saw the police officer and Anthany tussling. Large bolding man assisted. The only other man was directing traffic. In her view they did handcuff Mr. Dawson. Placed Anthany in restraints. Ambulance did remain there for a while. When he was secured in his legs then he did not move and she did not see him move again. She did not see any other civilian assist.
Witness Noel Manual
Driving from Oak bay village to downtown. It appeared that there was a man running with his arms waving as he remembers. Man in blue vechicle stopped and approached Anthany and tried to get him to the ground. In his memory he knew that was something wrong. He believed that Anthany was afraid of something. He heard Anthany screaming but nothing verbal. An ambulance came and he placed on a gurny and taken away. Mr. Noel is convinced that there was no police brutality. He came to this conclusion a few days ago that he was obligated to come forward. He contacted the police a few days ago. He did not see any police initially restrain Mr. Dawson. He also testified that it was a plain clothed man that restrained Anthany until the police came. He described a light blue newer vehicle. He claimed that he (Noel) was right in the middle of the intersection of Bank and Oakbay. He said he was blocking traffic and that no one was directing traffic. (It almost appears according to other evidence that this man was not even there. He also said man was running from Oakbay.)
Witness Heather Price
Medical office assistant. She first saw him the first time and waited inside a flower shop. He saw Anthany lying on the ground when she realized that he has not past. She heard "groans" come from Anthany. She witnessed a motor vehicle instruct Mr. Dawson to role over. She heard the police officer repeat, "role over, role over" Then she had seen the police officer strike Mr. Dawson. She saw a man come and assist the police officer. He was placed on to the stretcher. His feet fell off the stretcher the first time and they placed Anthany on the stretcher. She could not recall seeing him moving again. She also witnessed a police officer go into the ambulance after a few minutes. The door was closed. She saw one punch to his forehead. The ambulance remained there for 5 min after Anthany was placed into the ambulance. Before being taken into hospital. She did not see Anthany flailing around when he was on the ground. She did not see previous witness block traffic with his vehicle. She described the officer as wearing police uniform, gloves and helmet. She testifies that Police officer says, "One more time!" then punches him in the head. Described as the left side of his forehead was struck. She testifies that there was no one else involved except for police officer, civilian and Anthany. She expressed that she seen no undue force used against Anthany. She claims that the police officer was being respectful of Mr. Dawson. "These people can really go nuts on drugs" is one of the thoughts read from a statement that she gave in January 2000. Her statement clearly states that Anthany did not make any violent moves or reaction (first statement). She agreed today that she thought the policeman was trying to get Anthany's attention by hitting. Not to be abuse him.
November 22, 2000
Inquest reconvenes at 0920hrs
-before evidence begins again the Coroner speaks to the court
-apparently a witness was seen speaking to one of the jurors, this was reported to the Coroner
-Coroner reminded everyone that no one was to approach the jury
Number One Witness _ Susan Mullens
-vet assistant works at the Oak Bay Pet Clinic at Bank and Oak Bay
-heard muffled cries _anguish noises_
-went to the window and looked out, saw the motorcycle police officer struggling to hold Anthany
-went outside to see if any help was needed
-Anthany was fighting with the officer
-bystander approaches to help
-Mullens was feeling sorry for the motorcycle police officer and embarrassed for Anthany because he was naked, so she removed herself from the scene and went back inside
-didn_t see the punch
-motorcycle police officer was trying to grab Anthany from behind to get him down on the ground, Anthany was fully upright at this time
-had Anthany in a _bear hug_, trying to get his legs out from under him
-Anthany was taken down, then got up, then was taken down again
-with the bystanders help got Anthany down
-bystander was on Anthany_s _butt area "straddling" him
-still a fight going on even when the police arrived
-witness thought towards Anthany _just stop you_re not going anywhere
-then she went back into the pet hospital before the other police arrived
-but watched through the window, saw the other officers _converge_, then got Anthany to the ground
-twist ties to his wrists, from behind and on his ankles as well
-Anthany continued to struggle while on the stretcher
-Mullen did not see Anthany get off the stretcher
-he became quiet once he was covered, she last saw him move or heard him cry out just before he was loaded into the ambulance
-Brooks to Witness
-motorcycle police officer was standing behind Anthany in bear hug
-towards the end of the incident the witness was looking around at the surroundings and other people
-Q? was Anthany trying to get away?-Ans. Yes
-Mullens says that the bystander helped the motorcycle police officer get Anthany down because the motorcycle police officer couldn_t handle the situation
-bystander came from Bank St side of the road, came by himself
-re Anthany, _he was superhuman_
-[Mullen begins to get impatient when Brooks is asking her about the sequence of events and wants to know what difference it makes. Nancy speaks up and says _a person_s life_ is the difference. At which point the Coroner cautions her]
-re Anthany_s hands behind him and restrained, the ties came from another officer and Anthany was restrained before he was placed into the ambulance _definitely_, legs? _definitely_
-motorcycle police officer helmet on?, yes
-re on stretcher, Anthany struggled until about 30 seconds before the stretcher was loaded into the ambulance
-Brown to Witness
-re when Anthany_s feet were restrained, right after his hands
-re Anthany_s hands pulled back and up before the ties, witness questioned how far up they pulled his arms, asked herself, _are they hurting this man?_, because she said she would be the first one out saying police brutality, but she didn_t think it was police brutality
-Mc Dannald to Witness
-there was no police brutality
-no more force than was necessary to restrain Anthany to get him onto the stretcher
-stretcher inside ambulance it doesn_t move, the police are speaking amongst themselves
-an officer approaches the ambulance back door, gets in to assist, then gets out
-according to this witness, there was no police inside the ambulance on the way to the hospital
-Considine to Witness
-motorcycle police officer did not punch, kick or choke
-acted with restraint etc under the circumstances blah, blah, blah
-Orr to Witness
-re injuries, none
-but when Anthany was on the ground, she thought he must be getting injured
-Pecknold to Witness
-witness was approached by someone who identified himself as a Dr for the family, told her he was gathering information because Anthany had died
-Orr to Witness
-law firm?, didn_t know
Number Two Witness-Michael Fallows
-restaurateur
-contacted the police in Aug 2000 to give a statement when he realized that he had witnessed part of the incident
-driving from town in van
-as he went by the junction a motorcycle police officer passed him, but he isn_t sure now whether that was the same day
-further on, noticed the motorcycle parked in the middle of the road
-as he drove up he saw motorcycle police officer on top of a naked man, Anthany looked more powerful than the motorcycle police officer
-called out the vehicle window and offered to help the motorcycle police officer, he shook his head and so witness drove off
-motorcycle police officer had his knee in the small of Anthany_s back, both were on the ground and the motorcycle police officer was on top
-Anthany was face down, with one of his hands behind him
-witness observed for 20 sec or so
-can_t recall sound from either Anthany or motorcycle police officer
motorcycle police officer didn_t strike, choke, or punch Anthany, was just concentrating on holding him
-[there is always the perception or inference that Anthany is some threat to society]
-Brooks to Witness
-incident wasn_t on the witnesses mind until he saw the flowers from the memorial
-motorcycle police officer had helmet on, doesn_t remember gloves, didn_t hear conversation
-Considine to Witness
-motorcycle police officer looked calm
-_he looked alone_ meaning the motorcycle police officer, _small man in a big situation_
[I think this will be tomorrows heading for the Inquest report in the Times Colonist, today_s was _He was Very Violent_]Arrrgh!!!
-Number Three Witness _ Clement Huot
-heading towards town in a van
-saw Anthany running towards him with motorcycle police officer behind him
-saw the ambulance further along, then by the pet hospital he stopped
-Anthany ran to the van, at the van he stopped, he was breathing heavily, close enough for witness to touch him
-then Anthany lay down on the road
-the motorcycle police officer sat on his motorcycle (facing Huot) and looked at him(Anthany)
-Huot couldn_t see the motorcycle police officer_s eyes because he was wearing sunglasses
-expression on his face was like he had to deal with _this_
-witness watches the rest of this through his side mirror as he passes the scene(4x6 inches)
-motorcycle police officer gets off his bike, Anthany was quietly lying in the road
-when the witness looked into Anthany_s face, he thought he was _ripped_
-saw Anthany_s arm in the air (perpendicular to his body), doesn_t know if motorcycle police officer raised it up or Anthany raised it
[Sorry Bob, I was so shocked by this next bit of testimony that I didn_t get it recorded well]
-motorcycle police officer grabbed Anthany_s arm, hit him twice in the face, and said _when I tell you to fucking roll over, you roll over_
-motorcycle police officer_s voice was quite _loud and commanding_
-as the witness drove away, he saw the motorcycle police officer_s knee in Anthany_s back
-as he was rolling Anthany over, he gave him two short jabs
-Anthany doesn_t say anything to motorcycle police officer
[of course there is much discussion with the witness by the lawyers trying to get him to say it wasn_t a punch that connected etc, lots of back and forth between lawyers]
[Considine says, you are not aware that Anthany had had previous contact with the police and that he had left the scene contrary to the wishes of the police or attendants]
-lots of discussion with lawyers regarding Anthany_s arm and did he hit the motorcycle police officer, and the suggestion by the lawyers that Anthany could have hit the motorcycle police officer
-Number Four Witness _ Karen Boyd
-pharmacy tech had just walked home from work at the Jubilee Hospital, lives in an apartment on corner of Bank and Oak Bay
-heard screaming through her open door
-saw Anthany_s head and shoulders as he ran by
-got up, looked out the window
-saw the motorcycle police officer and Anthany tussling and then went to stand in the door
-motorcycle police officer was trying to get Anthany under control, and had him in a bear hug, by then the bystander had joined them, he was large and balding
-got Anthany to the ground on his stomach, saw Anthany handcuffed put on the stretcher, secured with upper straps
-Anthany was kicking so the strapped his legs, into the ambulance
-all the police left except for the police van
-officer from the van approaches the ambulance, into ambulance, out of ambulance
-this contradicts her statement where she said that the officer had stayed in the ambulance
[back and forth with lawyers about whether or not the officer stayed in the ambulance]
-from her statement _he had to be stopped for his own safety_
[discussion regarding the way the private investigator I behaved, acted, and presented himself to her]
-Number Five Witness-Noel Manuel
[this guy mixed me up, I_m not sure whether I_ve had the action and directions wrong this whole time or what, so I_ll recount his testimony very briefly. I had the impression that no one really thought he knew what he was talking about, because none of the lawyers except Brooks and of course Orr, questioned him]
-he was driving from town to Oak Bay Village, and saw Anthany running towards him(IOW running towards town?) naked with _sheer terror on his face_ as though he was being chased by a dragon
-saw a vehicle, a Crown Victoria like an unmarked traveling in the same direction as Anthany, pull over to the curb and stop
-a man got out of the light blue vehicle and tackled Anthany and brought him firmly and quickly to the ground
-did this so efficiently that it looked as though he was trained to do it
-ambulance arrived, Anthany was placed on the stretcher, it was loaded up and away they went
[I think he said that he didn_t know about the Inquest until a few days ago]
-Number Six Witness _ Heather Price
-medical office assistant works in the building across the street from Harry_s flower shop
-was crossing the street towards Harry_s and saw Anthany running down the middle of the road
-almost looked casual although he was weaving a bit so she continued across the road
-when she realized that something was wrong, she ducked into Harry_s and looked out the window and saw Anthany lying in the road, his knees were up, but his feet were on the ground
-wasn_t saying anything, but was groaning, she thought of calling 911, but then the motorcycle police officer pulls up
-she is standing now outside by the fire hydrant
-gets off his bike, circles around Anthany, yelling at him to roll over, says this three times
-tried to physically roll him over, then struck Anthany in the forehead once, and then tried to roll him over again
-Anthany was resisting and as he continued to resist, they were spinning around
-then the witness moved across Bank St
-a small car traveling from the village turned left on Bank and parked, the driver got out of his car and yelled to the motorcycle police officer to ask if he wanted help
-motorcycle police officer said, _yes grab his arm, grab his arm_
-the bystander put his knee in Anthany_s back, then 2 _ 3 officers arrived [I missed who said cuff him, cuff him, I think it was the motorcycle police officer]
-when they were putting Anthany on the stretcher, the lower half of his body hit the ground
-got him back on the stretcher and strapped down
-did not see Anthany placed into the ambulance
-witness went back across the street to her office, inside, talked to co-workers, came back out, aprox 5 minutes, and moved back across the street
-ambulance is still there, before she crossed the street, she sees an officer approach the back of the ambulance, went in, closed the door, and didn_t see whether or not he came out before the ambulance left
[witness is questioned by lawyers especially about the slap or punch, witness says she has never seen anyone strike someone else in her life]
Mc Dannald
-asks something about bringing Anthany under control and taking him to the hospital, answer _at least bringing him under control_
Considine
-Considine says, _appeared (meaning the motorcycle police officer) to be respectful of Mr. Dawson_
-witness didn_t hear obscenities
-was concerned for her safety as a member of the public
-Considine mentioned the punch as a possible _dynamic arm action_ or _arm bar technique_
[perhaps that will be the headline in tomorrow_s paper, _Motorcycle Police Officer Uses Dynamic Arm Action to Aid in Medical Emergency_]
-witness said _it crossed my mind he could be on drugs_
-from her statement, re her impression at the time _drugs..., these people can really go nuts on drugs_
- also from her statement, _&trying to get the native man_s attention rather than abusive_
Brooks
-no hand movements from Anthany
-no cooperating, but not fighting either
-didn_t make any aggressive moves with his fists
-no reaction when he was hit
- he wasn_t striking out at the police, but he wasn_t allowing him to turn him over