Public hearing into potential police misconduct 'in jeopardy' after lawyer resigns following hot-mic obscenity
CBC
Warning: The following story refers to an offensive remark.
The public hearing into the alleged misconduct of seven Vancouver Police Department (VPD) officers in the 2015 death of Myles Gray is “in jeopardy” after an obscenity was uttered and caught on a microphone last week.
As lawyers discussed police radio broadcasts Wednesday, one of multiple mics in the hearing room at UBC Robson Square in Vancouver picked up a clear phrase: “stupid c--t.”
The hearing resumed Monday after a delay, and public hearing counsel Brad Hickford, through his lawyer Richard Neary, said with “almost unbearable regret” he felt as if he had no choice but to withdraw as public hearing counsel.
Neary also said Hickford did not intentionally make the remark and does not recall doing so, but has listened to the recording and acknowledged it is possible he did so unintentionally.
Public hearing counsel plays a critically important role, one similar to a prosecutor, in a public hearing held by the Office of the Police Complaint Commissioner.
But adjudicator Elizabeth Arnold-Bailey said the hearing should not be further delayed and invited Hickford to return to the hearing.
“A great deal is at stake, and much stands to be lost,” Arnold-Bailey said.
She said the 10-week hearing — one of the largest of its kind in scope — is “in jeopardy of being adjourned” which, practically speaking, would mean a six to 12-month delay.
She stressed it has already been more than a decade since Gray died.
She said Hickford had played a key role in finding witnesses and evidence for the hearing and added he is “fundamentally important” to the hearing continuing as scheduled.
Arnold-Bailey also said after reviewing the tape she was “left with a doubt as to who uttered the vulgarity.” She also noted it appeared the comment was either directed towards Claire Hatcher, counsel for one of the police officers involved in Gray’s death, or herself.
She said she did not want to minimize the obscenity but said the task at hand is more important.
“Why would we let a few vulgar words uttered into a mic delay and possibly destroy all that has been done to date to have this public hearing?”
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