Sentencing delayed for B.C. Mountie found guilty of obstruction
CBC
The sentencing of a Prince George RCMP officer found guilty of obstruction of justice in a case spanning over seven years will now be delayed until at least 2025.
In July, Const. Arthur Dalman was found guilty of obstructing justice for ordering a bystander to delete cellphone video showing the aftermath of the police takedown and arrest.
Dalman was one of two officers on trial in the case — which stemmed from the arrest of Dale Culver, a 35-year-old Gitxsan and Wet'suwet'en man who died in police custody on July 18, 2017, 29 minutes after he was arrested following a struggle with multiple police officers.
The other officer accused in the case, Staff Sgt. Bayani (Jon) Eusebio Cruz was found not guilty.
In an email to CBC News, the B.C. Prosecution Service confirmed that on Aug.16, 2024, counsel for Dalman filed an application for a stay of proceedings based on alleged breaches of sections 7, 11(b) and 11(d) of the Canadian Charter of Rights and Freedoms.
Section 7, 11(b) concerns the right to have a trial within a reasonable time, and Section 11(d) concerns the right to be presumed innocent until proven guilty.
Under B.C. law, a stay of proceedings puts a prosecution on pause, and if it is not resumed within a year, it is treated as if it never started.
The court has set aside April 28 to May 2, 2025, to hear the application. These proceedings will delay Dalman's sentencing hearing, which has not yet been scheduled.
Culver's arrest and death happened on July 18, 2017. That was followed by an investigation by B.C.'s Independent Investigations Office, which filed its initial report on July 16, 2019, followed by an updated report on May 29, 2020.
Crown prosecutors announced charges of manslaughter against two Mounties and charges of obstruction against three others on Feb. 1, 2023, the first time the accused were publicly named.
Charges against the two officers accused of manslaughter were stayed on April 5, 2024. Charges against one of the officers accused of obstruction were stayed on May 14, 2024, while the trial for the other two officers accused of obstruction was completed on July 25, 2024, resulting in Dalman's guilty verdict.
National Police Federation Pacific North Director Chris Voller describes the length of time involved in Dalman's case as a complete failure.
"We welcome police oversight, but we want it to be timely. We want it to be effective, and we need it to be something that is going to serve the public so they can have trust in it," he said.
"I would say this is adverse to public trust. I don't believe that in any fashion it serves the public, let alone Constable Dalman or the Culver family in this circumstance."
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