Clear Full Forecast

Even More Questions Raised

By 250 News

Saturday, July 07, 2007 11:45 AM

 

The Bush family  talks with reporters following  release of jury’s recommendations (photo opinion250 staff)

Although the Coroner’s Inquest into  the shooting death of Ian  Bush  has ended,  Ian’s sister  still has plenty of questions.

Renée Bush says she is puzzled as to how  the RCMP could issue a media release outlining the details of how her brother died, in less than 18 hours after the shooting, when the  officer who pulled the trigger didn’t speak to investigators for a full three months after the event.

Investigators only got to speak to Constable Koester in February, and only after  they had submitted a list of questions to his lawyer.

The media release ( the complete version appears below) outlines what would  eventually be the defense  presented by Constable Paul Koester.  That Ian  had become violent,  that Ian had attacked  Koester, and  Ian  had died at the scene.

Renée  wonders how  others could testify that  Constable Paul Koester was walking around in a daze, could hardly speak, could not put a sentence together for several days, and yet was able to put together a duty report or statement on his take in the shooting that could be used as the  foundation of the media release that was issued less than 17 hours after her brother  had  taken a single  bullet  in the back of his head.

The  media release was issued at 3:17:06 PM on October 30th.  Constable Paul Koester had shot Ian Bush  at 10 the night before.      


Oct 30th, 2005 - 03:17:06 PMFile #North District 2005-1539

In Custody Death

On October 29 2005 at approx 10:00 pm a Houston RCMP officer was in the process of releasing a twenty-two year old male from custody. The officer and the male were in the Houston RCMP Detachment. The male became very violent and attacked the officer. A violent struggle ensued and the twenty-two year old male died at the scene.

North District Major Crime has taken over the investigation. An autopsy will be conducted and results of the investigation will be made available at later dates.

The family of the deceased, Ian Geoffrey BUSH, has been notified. The RCMP officer involved is recovering from his injuries.



Media enquiries on October 30th will be handled by E Div media relations.


Cpl. Tom Seaman
RCMP Media relations
604 641 7362

-30-


RCMP Media, /Communications
"E" Division
5255 Heather Street
Vancouver, BC V5Z 1K6

Phone: (604)264-2929
Fax: (604)264-3200
Email: media.webmaster@rcmp-grc.gc.ca

"E" DivisionRCMP Media, 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Ian Bush’s mother, Linda, says she holds out little hope in the investigation by the public Complaints Commissioner, given that it is the RCMP who will do the investigating. "We have said all along that it is the same police investigating themselves.
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As for a civil action, Linda Bush says, "We may proceed down that road, of course keeping in mind that Ian was a young guy and the Courts would at best hand out a minimum amount of money if we were successful. It will cost me money personally to see this thing through and although Ian was helping to look after my needs in my house, my lawyer says any settlement would never ever cover legal costs."

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Comments

Civil action is not the way to go in Canada. That's the USA where you benefit from that. The only exception would be where Ian had dependents, and was providing for them. Ian was helping his mom out like a good son, she wasn't dependent on him.

I really wish the whole truth would be told so at least the Bush family could have some peace and closure. That would only be the right thing to do.

I don't know how a person could live with themself, until they did the right thing. How could a person forever live a lie, forever put on an act, forever have to lie about it every time it ever comes up.

The truth always sets you free, that's why the cliche.
Yet another very good question, and yet another very good reason for a judicial inquiry. These kinds of questions will never be answered otherwise.
It would be interesting to see what our local MLA's (Pat Bell, Shirley Bond, and John Rustad) and M.P.'s (Jay Hill and Dick Harris have to say on this issue. They shouldn't have any excuse not to comment on this issue now that the coroner's inquest is over.

Ben and Elaine, why don't you contact each of these folks and ask them what their feelings are on this matter. This story has been covered by the mainstram media all across Canada big time.

You could post what they have to say on opinion250.com.

If they have no opinion or refuse to comment on the issue, you could post that also.

Great idea Charles. I could see a photo op for Pat Bell with the Bush family or in front of the RCMP Building with the caption "Pat Bell meets with the Bush family while on a day off from meeting with Canfor re Mackenzie mill closure". Or John Rustad standing on the banks of the Nechako River with the caption "MLA Rustad will comment on the Bush inquiry once he has volunteers all lined up for the high water on the Nechako" By the way Charles, who is this Dick Harris you speak of? Never seem to hear of him. But seriously, I don't figure any of our MLA's will have anything to say unless Gordo's spin doctors craft the statement.
In the case of both the federal and provincial politicins they could easily say:

"The coroner's inquiry has rendered an opinion which as to the death which I feel is in keeping what has occurred.

The incident was tragic, and the jury has provided wise recommendations which I am sure will be implemented.

Not only that, but the RCMP has a new commissioner who comes from outside the force and, I am sure, will bring a fresh perspective which can only keep improving the police force which is recognized as one of the best in the world."

Of course, the federal policos will emphasize that latter part and will take ownership of the fact that it is their wise party which has implemented that smart move.

And that will be the end of that. Everything status quo. And the people will forget in a few weeks or months and move on to the next news crisis and will only resurrect this with the next RCMP incident.
I feel for all the family's involved.
My question is will they ever get the answers, even if they get the "real" answers with they know it? acknowledge it? or will there always be unanswered questions?
I truely hope all involved can find peace in their lives.
Suing governments is a waste of time because judges are partial to their employers. Even if victory is achieved on a claim, the judge mitigates awards down to nothing.

Does Hitler Youth2 deny that? Vancouver attorney, Cameron Ward, sued VPD and the provincial government after he was falsely arrested for asserting rights when police detained him in nominal search for a pie that they claimed was about to be tossed at then PM Chretien. At civil trial, Justice Tysoe (2 time beneficiary of Commission feet up work) declared that the arrest was proper, even though the evidence was that Ward had made nothing but verbal pleadings for liberty. Ward received a paltry $5000 award for his overlong detention.

Case #2
A 200 pound transit cop smashed the eye socket of a female teacher half his size, because she swung a bag at a man against whom she had a protection order. Incidental contact was made with the cop, and he fell into cop-rage. The teacher was held in custody for 15 hours, in an injurious state. Crown Counsel refused to register a charge. At her civil suit, a judge - a former prosecutor - directed the jury that the arrest was proper, and only claims for battery were validated. The jury's initial $51,000 award was slashed to Small Claims change. Given a 2 week trial (with 2 evidence hearings), and legal research and pre-trial Motions and disbursements, I estimate that the 2 lawyers will have earned peanuts from the award. Message from the fascist justice system: do NOT make claims against our beloved blue slugs.
http://www.canlii.org/en/bc/bcsc/doc/2006/2006bcsc692/2006bcsc692.html

The Bush's can pressure Crown Counsel to return the reports to the Attorney General's department, to police services, for "more information." But that should be done through the Office of the Police Complaint Commission, with reference to the RCMP Public Complaints Commission. However, the chief doormat of the OPCC, Dirk Ryneveld, is a former Deputy Regional Crown Counsel. You don't get those jobs for applying public law to cops.
Do cops ALWAYS enforce Code Loyalty and Silence, when one of their own is implicated? The City of Toronto website includes a report of an external audit of Toronto Police Services public complaint office. Of 814 complaints only 12 were substantiated, and penalties resulted in only 3 cases. And TPS refused to release details of penalties. The BC Cop-Crime-Family is even worse; they coverup or whitewash Murder.

Until there is independent service to complaints against cops, those lazy animals will continue to protect their own while delivering work product of less than 1 conviction per unit per month. In my city, a report of a major crime will elicit a response at the door in about 17 minutes, at least. If the CORNET/Versadex databases reveal that a gun owner is on the residence of interest, further time will be wasted. The work product of a slug is: slime.

COPS DO NOT SERVE; COPS DO NOT PROTECT; COPS SHOULD BE CHARGED WITH FRAUD EVERY TIME THEY CASH A PAY CHEQUE.
Truth, I cannot believe the garbage that comes out on your blog. You certainly have some axe to grind for whatever reason.

Note: the new rcmp commissioner is a career beureaucrat, and some bureaucracies have a life of their own, as long as he is on top of the rcmp bueraucracy he won't change things too much as long as things are working. He was also an aide to Zacardelli and briefed him on what to say to the arar commission... and we all know how that turned out. So don't hold your breath.
The RCMP coverup of this case was quite poorly done. Considering that they are the backbone of our security, don't you feel nice and safe!
This is only the beginning.
Owl I have a present just for you baby!!!!! www.dogpile.com
If the Bush family was to proceed with a Civil Case against the RCMP Im sure that they could get a lot of monetary support from the people of Houston, and other parts of BC, and of course Im sure that they would get oodles of money from the people who post on this site.

Hopefully they will go ahead with the Civil case for no other reason than to get the truth out.
Yes, Palopu you are 100% right. For donation info go to ianbushsupport@hotmail.com

:)... I still have to make my donation.
Owl is quite correct that politicians could, and probably will, respond in a dismissive manner. The questioner must then reject their answer, and emphasize that their are obvious discrepancies and that they want an inquiry. Ultimately, politicians want to keep their questioners quiet on issues like this, so the more often the question is asked, the more obvious the anger in the tone of voice and the more insistent the demand for an inquiry, the more likely they are to acquiesce. Reluctantly, half heartedly and all that, but an inquiry is an inquiry.

It worked eventually for the Air India disaster. It can work for the RCMP.
What has to be done? Fresh evidence arose after the cop-shield was partially broken, during the coroner's farce. The case must be re-opened.

The coroner, a $71,000 a year amateur placed in the position of applying the Canada Evidence Act, squelched cop-rage evidence, even though he knows that behavioural factors, "contributing" to death, MUST be placed on the Verdict form. The Jury didn't do it; because the paid facilitator of justice tampered with due process. Cop-Rage is a fact because over 10 convicted BC cops have admitted it, and took treatment for it to mitigate sentencing (Viz Cronmiller, Langlois, Nixon, Gibson, Tait, etc cases). A California judge found that it arises where the perceived authority of a cop, with the required 65 days of training in BC, is challenged.

According to Opinion250, the coroner - who would have shared 4 training modules with prospective cops - didn't want to hear the security officer of the arena where Bush was arrested, testify that Koester's supervisor chewed her out, over the illegal drinking, with such ferocity, that she was too upset to work the next day. Unfortunately for loudmouth cop, Darrel Woroshilo, the Bush group brought beer in from outside, after a landlord complained of noise at a neighbouring residence. So how the hell did Koester react to that disgusting example in uncouth, abuse of an innocent woman?

Then there is the issue of the arrest itself. While Bush was under a legal obligation to show ID, the fact that he goofed at bit, doesn't found Obstruction of Justice. There has to be both a plain and obvious intent and a present ability to defeat justice. The fact that Bush didnt' immediately comply, doesn't found positive intent. He did comply. His wallet was found on the floor of the crime scene. Koester had access 24-7 to Crown Counsel; he had no intent of writing a Report to Crown Counsel, recommending charges. Koester knew that and that is why he perjured himself at the inquiry, by saying that he forgot his provincial offences ticket book.

Then there is the rebuttal blood spatter evidence that proves beyond any doubt that Koester - 6 inches taller than Bush, and with martial arts training - was above Bush when he pistol whipped him, and then shot him in the back of the head.

Then there is the choking claims. I wrote Bush attorney, Howard Rubin, to advise him that the Justice Institute trains in the ease of breaking frontal chokeholds. They don't even train in rear chokeholds - as Koester claimed - because one can roll out of them with even greater ease. I sent Rubin copies of actual course outlines. As to why he didn't raise this inculpatory evidence, is beyond belief. Maybe he has some prosecutor left in him.

See next page

As ammonra said, inquiries have not only happened, but they have happened with respect to RCMP action. The following is one which happened in Newfoundland a few years ago due to shootings under questionable circumstances. They dealt more specifically with shooting people who were mentally ill. As it turns out the RCMP were not really trained to handle those kinds of situations. We have had a few cases like that around here, although no one has died yet as a result, on the assumption that Bush and Armand did not fall into that category. Perhaps Koester does.

Here is the Newfoundland case where the chief medical examiner requested a judicial inquiry which was then ordered into a shooting by an RCMP officer. http://www.releases.gov.nl.ca/releases/2000/just/0906n03.htm

I assume the Coroner could ask for the same in the Bush case. I wonder if this would have been a possible recommendation of the jury as well.

From another source, the RCMP uses the Incident Management/Intervention Model (IMIM)/CAPRA when it intervenes in situations. The IMIM is described in RCMP National Operational Policy, Chapter III, paragraph 2.C.647 and is based on CAPRA. The acronym "CAPRA" stands for clients, acquiring and analyzing information, partnerships, response and assessment.

When determining the level of force to use, recruits are trained to use the IMIM problem-solving model in which they consider situational factors, including the number of officers present versus suspects, the suspect's emotional state and the danger to the public.

The IMIM recognizes that the best strategy is the least intervention necessary to manage risk and promotes verbal intervention wherever possible to defuse a situation. The IMIM and CAPRA advise members to continuously reassess risk and the members may opt to back off during a confrontation if the situation allows for it.

Note the words of the last paragraph carefully. From my point of view that applies not only to incidents where larger numbers of people are involved, but also one on one situations.

The question is, did Koester attempt to diffuse the situation or did he merely perpetuate any aggression which Bush may have started.

I am not saying Bush started it, just that IF he did, Koester, as an RCMP officer, should be trained to diffuse the situation. In fact, this is where the case in Houston may have a parallel with the Newfoundland case. How much training do RCMP grads get in handling such cases so that both parties can come out alive in the case it gets confrontational? Brawling is for the streets and the bars, not for police stations.
heidi555:

Anyone living in the jurisdiction where Ian Bush was shot, has the right to make a complaint of Murder against Cst Koester. I would also inform on the unnamed whitewashers of the incident, for Obstruction of Justice and Breach of Trust.

Of course, cops will whitewash again. Then a "private information" would have to be sworn before a local Justice of the Peace. The Criminal Code of Canada requires judges (judicial justices of the peace cannot hear cases where Charter issues arise), to hear and consider evidence at Trial, ex parte, and issue a process against the accused, should the elements of an offence be founded. Prosecutors will attend to facilitate process. Unfortunately, the Criminal Justice Branch of the Attorney General, may veto a process. That is unconstitutional, but the bastards do it anyway.

This probably won't format properly, but a Private Information form looks like this:

INFORMATION
Prov. of BC, Can Court File #___
Court of___,BC Registry____


This is the information of:
JANE DOE
of

address

The informant says that she has
reasonable and probable grounds to
believe and does believe that:

Count 1

On the _day of __of 2007, in the City
of Prince George in the Province of
BC, John Smith, did commit MURDER
against Bill Jones, in contravention
of Section 229 of the Criminal Code
of Canada.

A Constitutional Question will arise
in this process application

Legal address of the accused:

SWORN BEFORE ME: ____________
On__,2007 Signature of Informant

At ______, BC Process__________
Confirmed
_________ ______________
A Justice of the A Judge of the
Peace In And Provincial
For The Court of BC,
Province of
BC, Can.
Damn Word Pad. You get the picture: a JP swears it and a judge confirms process, if you prove the case. If process rises, then the accused MUST answer to it, before the same judge, and with Crown Counsel present to register a charge. You must know the elements of a crime, and establish that there is a legal-factual basis for believing that it was committed. You won't know the name of the judge beforehand, and there is a high degree of probablity that an ex-prosecutor will be chosen. They are notoriously pro cop.
capra really means crapra to most cops.
I know a case where the reverse happened in March 1987. The cop got the sh..t kicked out of him BIG time. The eighteen year old kid that did it was arrested the next day. It was a white boy in a very small northern white community, so there wasn't any doubt about what happened and who did it. We all could see something was likely to happen, but the cop couldn't handle it when it did. The advantage is in the attackers corner. Never forget that all you whiners. If you aren't on top, you are on the bottom.
http://www.rcmp-grc.gc.ca/bc/news/strs/2007-02-20_e.htm
How can they post stuff like this when they don't follow through with their words? False advertising must be a crime.
Thanks TRUTH for your post earlier. I'd love to see the ball rolling for Kevin St. Arnaud's case, Robert Bagnells case, Kyle Tait and so on. We really want to see justice and truth. When I look at my daughter I feel guilty that i'm not standing up and yelling louder for justice for Kevin. I admire the Bush family for their strength and the strong bond they share. I feel i'm the mark in the center of the tug of war rope. How can the members of the RCMP INVOLVED IN COVERING UP IN THESE CASES sleep at night knowing what they do to families?
Imorg save it please. Ever since that night the trigger was pulled we've been trying to find a way to heal, answers and solutions. That's all we want. This is a huge serious matter that can no longer be ignored or excused. I'm wondering if you knew me personally if you'd have some compassion?...... Yes, I am a wingnut for not saying more than I have or put words into action..... A LOT of the time someone who's lost another person on this earth in this manner goes numb. It's absolutely shocking because I grew up with a huge respect for officers (well everyone actually unless they've treated me badly) and the events they endure through their careers. Keep in mind also Imorg I don't put all of the members of the RCMP in one category. Just the ones that handle situations poorly.
Heidi: where do you live, in houston, vanderhoof or prince george? Regardless, it is the families of the persons directly involved with these tradgedies that need to heal....and the communities and the rcmp as an organisation second. Unless your a relative of the above mentioned in your blogs, I would suggest you turn your interests elsewhere..leave their families alone...they know what the issues are...and what has to be done...but let THEM heal. It isn't about you.
Imorg it does concern me: www.myspace.com/heidisstory
Incase you don't feel like checking out my space.... I had a child with Kevin St. Arnaud. :) Feel silly yet?
Have a good night.
"it is the families of the persons directly involved with these tradgedies that need to heal."

That's absolutely right, Imorg. Now that you know that Heidi has a personal interest in this maybe you'll be able to show a little compassion?

And before you go calling someone a 'wingnut', maybe you should take a long hard look at yourself. Besides, I didn't think namecalling was allowed here.





Saint Arnaud? Who's he?
It's ok ChrisAnnB...you kind of learn to emotionally and mentally block ignorance out over the years. Life started preparing me for that many years ago. Little road bumps on the journey to the truth only burns the fire hotter underneath of me. Thanks lmorg for keeping me strong. Nice try btw.
Funny ramblings from the "TRUTH". Once again off base as usual.More links to nothing.Disagreeing with judges decisions because they are all on the "Take". Now he advocates everyone to lay a "private information" on the Bush matter.I Hope that the person dumb enough to do that has more evidence than what was already heard at the inquest. He has no clue as to what police query when responding to a call. I'm sure Mr.Rubin dismissed your letter as that of an incoherent lunatic as it was probably one rambling run-on sentence written in purple crayon.
Robert Bagnell? Death from cocaine induced delerium according to the pathologist.The VPD were trying to get his violent butt out of the building. The taser has saved many from being shot by the police and has resulted in fewer injuries to the officers involved.Despite what many here think it is not okay to attack the police verbally or physically. If you do then it is at your own peril.Kyle Tait? A Passenger in a stolen SUV which led the police on a long pursuit and then attempted to ram a police car.The officer who fired the rounds believed that the other officer in passenger side was about to suffer grievous bodily harm.Too bad but sh&t happens when you are involved in crime.
And we all know how thorough a job a pathologist can do (insert sarcastic glare here) don't confuse that with the "death glare" like Sheremetta. Bottom line...you want a happier run country then change has to come in this huge area of our lives. Quit fighting it troll before you have a heart attack and help fix it.
By the way...Lives matter even if you don't agree with their lifestyle. My opinion on that of course changes when it's a child rapist, murderer and others in that category. The punishment has to fit the crime. Death isn't the only answer to these petty charges.
Sorry lmorg I missed your little jab there at first...Why you ask? You want to take over child support payments for Kevin?.....Didn't think so. That money would be better used to go towards more training for the rookie officers.