City police cleared in woman's injury
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The province’s Special Investigation Unit has determined Brantford police committed no criminal offence in the arrest of a 30-year-old woman, who was treated for a fractured wrist.
In fact, SIU director Joseph Martino said in a report that the woman, who was drunk at the time of her arrest, may have been hurt before police even arrived.
The report said the woman called police last Oct. 20, saying her boyfriend had hit her.
Police arrested both the woman and the man, releasing the boyfriend with an appearance notice and holding the woman in custody due to her intoxication.
The SIU said that, during her arrest, the woman resisted officers. She complained that her wrist hurt when she was put in a cruiser and an officer checked her handcuffs to ensure they weren’t too restrictive, said the SIU.
While at the Brantford police station, the woman resisted a search by a female officer, so two other officers checked on the safety of the first officer, said the report. Once the woman was handcuffed with her arms behind her back, she was escorted to the cells.
Later, the woman complained of a sore wrist and was taken to Brantford General Hospital where she was diagnosed with a fracture and her wrist placed in a cast.
The SIU reviewed video and police notes and interviewed the woman, her boyfriend and two witness officers.
“There did not appear to be any difficulties with the re-application of the handcuffs or the physical control used by the three officers,” said the SIU’s report.
The officer under investigation for causing an injury declined to be interviewed or provide his notes, which is his legal right.
“I accept that the subject officer was in the execution of his lawful duties when he decided to arrest the complainant and place her in handcuffs,” said Martino.
The director said, aside from the minimal force needed to bring the woman’s arms around her back and secure the handcuffs, the arrest was uneventful and he pointed out even the woman couldn’t be certain how she was injured.
“There is evidence that a measure of force was used at the station to control the complainant when she objected to being searched,” said Martino.
“But it is clear that her injury was inflicted either before or at the time of her arrest, given her complaint of wrist pain in the cruiser. This leaves open the possibility that the complainant’s injury occurred prior to the arrival of the officers, perhaps in the course of her physical altercation with (her boyfriend).”
Even if the injury happened in police custody, Martino said there’s insufficient evidence to conclude the officer acted unlawfully or used excessive force.
“Accordingly, there is no basis for proceeding with criminal charges in this case and the file is closed.”
SGamble@postmedia.com
@EXPSGamble
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