Clear Full Forecast

Complaints Commissioner Says Koester Was Justified

By 250 News

Thursday, November 29, 2007 09:58 AM

            

The Chair of the Commission for Public Complaints against the RCMP, Paul Kennedy has released his report on the actions of the RCMP in the October, 2005 shooting death of Ian Bush in the Houston detachment of the RCMP.

Kennedy found that Constable Paul Koester “had reasonable apprehension of death” and was justified in using the level of force he chose to use. Still, he makes 21 specific findings, and 9 recommendations,   and numerous recommendations about the actions of individual officers.

The full report can be viewed here http://www.cpc-cpp.gc.ca/DefaultSite/Reppub/index_e.aspx?articleid=1583#FACN

One of the key recommendations is that all RCMP detachments have automatic CCTV equipment installed.  

The other key recommendations are

  • RCMP amend field training evaluation procedures to ensure that the evaluation of new members is not completed until outstanding member investigations, of a serious nature, are concluded;
  • RCMP develop policy to provide direction to on-scene RCMP members in major cases involving investigation of police conduct; and
  • RCMP develop a media and communications strategy specifically for police-involved shootings that recognizes the need for regular, meaningful and timely updates to the media and to the public.

The media strategy  would have helped the public understand that the RCMP have to take several steps   that are not required when doing an investigation which involves an ordinary citizen. 

Kennedy has also made a number of adverse findings and several recommendations, some of which have been partially or completely rejected by the Commissioner of the RCMP. Many of the recommendations apply not only to RCMP members in Houston, British Columbia and RCMP "E" Division, but also to RCMP members on a national level.  For this reason, Mr. Kennedy is providing this report to Solicitors General in RCMP contract policing provinces, in the hope his actions in this regard will further the debate on issues that are national in scope.

Ian Bush was shot in the back of the head by Constable Paul Koester in October of 2005.  The 22 year old had been arrested for having an open beer, and for failing to give his proper name to police. Constable Koester  testified at a Coroner’s inquest earlier this year, that  there was a fight,  Ian got on top of him and was choking him to death, he pulled his gun,  hit Ian on the head several times, then fired  the fatal shot.

A blood spatter expert testified at the same inquest, that Koester’s version of events was not supported by the blood spatter evidence.  He testified the shooting could not have taken place as Koester had described.


Previous Story - Next Story



Return to Home
NetBistro

Comments

"Constable Paul Koester “had reasonable apprehension of death”

Just heard that on the radio and am still sitting here shaking my head.

Why am I not surprised? I expected it.

"I concluded that the North District Major Crime Unit conducted a highly professional investigation"

Highly professional??? Ignoring major evidence is considered highly professional???

My conclusion? Obviously, evidence gathered at a crime scene is irrelevant unless it works in the favour of the (accused) RCMP member(s).

And before the local RCMP members that post (and gloat) here start jumping down my throat, remember this: evidence=proof=truth.

No more to say now, I'm just too choked.








"An Edmonton police officer who testified at the Ian Bush inquest in Houston in July says he was recently threatened by a Vancouver RCMP member."

Well the craziness doesn't stop there ChrisAnnB! I guess they don't only come on here and make threats but they are doing it to Joe Slemko as well. Beautiful British Columbia my a$$!

http://www.canada.com/theprovince/news/story.html?id=763cced3-ac37-4d7d-87a4-7a2fcf60640e
Absolutely no suprises here at all.
And I would be suprised if SLEMKO hadn't been threatened!
He crossed the line by putting the RCMP in bad light, and that just isn't acceptable to the once great RCMP!
They have a nasty habit of interpreting evidence according to their own standards it seems.
Quit whining ChrisAnnB...the complaints commission is an agency that comes out with just as many decision against rcmp members as compared to those that support them. They are an INDEPENDANT body. Its really funny - everyone was on the bandwagon saying that the complaints commission was going to do the right thing etc etc etc...now when they arrive at a decision you don't like to hear, you're choked.

If Slemko was truly threatened then he can make a complaint just like anyone else. Ok, it happened outside of Canada, but it still wouldn't stop him from making a complaint under the RCMP act against the person who said these things to him since the RCMP act governs member's conduct no matter where they are. As the intelligent person he is, he should know this already.
Just got me thinking about Constable Erickson of Vanderhoof and if she was threatened to watch her back as well and not just her pension? Why they didn't do the right thing with Ian Bush lmorg is beyond me. It's easy for anyone to go on tv and say well he turned his hand in such a way and felt threatened for his life so fired his gun but to actually show someone how that's possible is where the proof is. Well that and the position of the body and blood spatter. No way Koester could've been under Ian and you all know it. We all know that words from their mouths mean nothing....cough cough Pierre.
*In my best non-whiny voice* ... Whatever you think, Imorg. Your opinion is yours and mine is mine. Can we agree to disagree without the insults or is that not in your nature?

I'll say it again, evidence=proof=truth. 10-4?



The RCMP are no different than any other organization,in their mix are the good the bad and the ugly.
The problem is to many bad and ugly are getting through the training and into the system.. little man syndrome..little man with big gun..A quote from a freshly retired corporal..We used to be peace officers first...
ChrisAnnB...

"I'll say it again, evidence=proof=truth."

...evidence gathered at a crime scene is irrelevant unless it works in YOUR opinions favor?

On the contrary, realitysetsin ... I form my opinions based on evidence, not because it's what I may or may not prefer to believe.

I get no personal gain or pleasure from finding fault with either the victim or the accused. I just want the truth ... and we all deserve to hear it.







From the report of the chair of the commitee:

Mr. Slemko's expertise is in the area of bloodstain pattern analysis. Mr. Slemko has no obvious expertise in the areas of pathology, biomechanics, kinesiology or use of force that would allow him to comment on the likely positions of Mr. Bush and Constable Koester, let alone conclude that there is only one position that they could have been in. Mr. Slemko's reluctance to accept the overwhelming and obvious evidence of a violent struggle and his adherence to a factual framework that supports his opinion to the exclusion of other reasonable explanations undermines any weight to be given to his opinion.

In making his speculative assumption about positioning, Mr. Slemko has gone beyond his area of expertise. Accordingly, Mr. Slemko's opinion that Constable Koester could not have shot Mr. Bush as Constable Koester described must be afforded little weight. The same concerns do not exist in regards to Sergeant Hignell who acknowledged that his expertise did not allow him to comment definitively on the positioning of Constable Koester and Mr. Bush at the time that Mr. Bush was shot. Therefore, I prefer the expert opinion evidence of Sergeant Hignell that the bloodstain pattern evidence is consistent with Constable Koester's version of events, although it is not the only explanation that could account for the bloodstain patterns"

If you read over Slemko's evidence, you will see that he overlooked the fact that Koester's blood was on Bush's hands.

What is sad is when people's ego's (mr. slemko's) taint their testimoy or their findings.
I apologize, by reading your first comments it was not clear that you had intimate access to the evidence. (sic)

I only had access to the 'facts' through various media sources.

I am convinced that Bush's actions led to his demise.

It's a tragedy that Bush died. His actions began at the hockey rink (with witnesses to his non-compliance) and ended tragically at the police station. (without witnesses to his non-compliance)

I do have faith that the Police do not wake up in the morning hoping they get to shoot someone, in fact the opposite. Do the police make mistakes...Sure? You bet.

Would Bush be alive if he complied and didn't resist? YOU BET.

In fact, if he wasn't such a jerk at the hockey game he wouldn't have been taken to the station in the first place.


With all due respect Imorg...what is it that you are saying then?
Are you saying that Slemko is lying?
And if that IS what you are saying,why would he lie about that?
Did he put his career in law enforcement in a tailspin just for fun?..because when he contradicted what Koester's version of what the events were,that's exactly what he did.
Slemko is toast and probably considering early retirement.
But I somehow doubt he is lying because he has no reason to lie, and I would think that someone of your intelligence and experience would know that.

No andyfreeze, I am not saying slemko is lying. Just read the report of the chair. It looks quite strongly that Slemko, according to the chair of the complaints commission against the rcmp goes beyond his expertise. I feel that only a person's ego, and in this case Mr. Slemko's ego about his own expertise will make them believe that he is an expert is things that he is not....basically what the chair said.

You will see in the report that slemko does admit that he overlooked koester's blood being on bush's hand.If someone is trying to choke you out, it would seem reasonable that blood from a cut on one's face may end up on the aggressor's hand.

What slemko said is that his version was the one written in stone..while the rcmp blood splatter expert said that any number of variable body positionings may occur during a violent fight. Even a forensic pathologist could not say either way....and that a kneisiologist or even a physiotherapist may be better qualified to give an opinion...

Who knows eh? But I think that when an expert from one camp goes up against another there may be some clash of egos invloved.

I do think that if what the RCMP sgt said to slemko in the USA is true, then he should be taken to task over it, though. No doubt another ego flap.
Or maybe it was the media who portrayed Slemko's version as being the one written in stone!
It may go beyond his expertise but that doesnt mean he doesn't have good common sense. You are constantly going after the media or anyone on here lmorg who has a different opinion than your own. Now if it was the National Enquirer I was reading and not the sites I do read then maybe you might make sense to me lmorg. Most reporters want the truth. Fact not fiction for their readers/viewers. Just my thoughts.
Hmmm not a bad point Heidi...I think lmorg is saying that you and others have jumped on the media bandwagon against the whole rcmp. I could post a few links to other media articles that balance things out...but it wouldn't be the hype that sells papers....
realitysetsin, I don't think anybody is arguing the fact that Bush's actions did end up causing his death. I also don't think that many people would argue that Keoster made a mistake, and that he never intended to kill Ian until they were involved in a physical confrontation in the station.

The issue here is whether RCMP members themselves are above the law. If I get in a fist fight with my neighbor over his noisy dog, and I end up shooting him to death, the odds of me being able to avoid serious consequences are slim to none.

I certainly would not be allowed to appoint my own family to interview me, review the case and pass judgement.

We as the public feel betrayed by situations like this because we expect the RCMP to not only be subject to the same moral and ethical restrictions placed upon us, but we hope they will aspire to a [i]higher[/i] standard.

Yes, we understand police are people too and they will make mistakes. The problem here is what happens when those mistakes are made. This is fundamentally what the justice system is designed for. To disuade human beings from making those mistakes which impact other human beings.

realitysetsin, I think you took my post to you out of context. It wasn't meant to put you on the defensive, so hold the sarcasm.

Yes, I got my 'facts' from the media, same as you did. It's interesting how people form such different opinions based on the evidence that was released ... just an observation.





wrong heidi...if it doesnt sell papers it aint going in. From what you say one would think that you work for the national enquirer.
I have every right to go after anyone's opinion on this site....the fact that my opinion has been reinformed by the complaints commission against the rcmp is irrelevant to you I guess. I go after your opinion, you go after mine....etc...this is what this site is all about.
Qtown: your analogy is inncorrect and simplistic. If you read the chair's decision and analysis on the use of force in general and the use of force in this particular case, you will get a better idea.
And, dgdig: I would be interested in seeing the articles from the media that support the rcmp actions especially about the tazer incident at YVR
oopps I meant reinforced.
Wow lmorg actually made me laugh???? That honestly was funny.(Comment to me that is) Think about this though when people want the truth they will never go spend their money or time on the Enquirer. Larger percentage of this country want the truth not whether or not the father of Brittney's possible third baby...blah blah blah.... By the way I like reinformed better.
Imorg, please explain why my analogy is wrong. For the record, I'm not commenting on the chair's report. I'm trying to rebuke realitysetsin's assertion that Ian Bush more or less brought his own demise upon himself by being a bit of a jerk. And I don't dispute it's simplicity. I am not attempting to write a thesis on the subject, just make a point.

How about this one instead.

When Bertuzzi attacked Moore:
- He did not wake up intending to break Moore's neck. Rather it was a mistake in judgement which was compounded by a bit of an unexpected result.
- Moore certainly could have avoided his own neck being broken by not being involved in the earlier altercation with Markus Naslund. That being said, he never intended for things to escalate to where they ended up.
- Right away it was obvious that his own team could not be entrusted in carrying out an investigation and mitigating justice.
- An "independant" review was done by the league, but neither the police nor the public were convinced that their findings would not be self-protective in nature, or the very least substantially biased.
- Bertuzzi, as well as the Canucks and the NHL have so far been unsuccessful in suggesting that the microcosm of professional sports allows you to be above the judgment of the public as a whole.

Yah I know this one is flawed as well... but my point remains the same. The RCMP must still be accountable to the public. If we are to be a police state, then make it official. Groups that depend on their own members for success, can NOT possibly make unbiased judgements. This is true of families, sports teams, police, armies, political parties.... etc, etc.
For want of a camera the battle was lost.
ps Imorg, you're right, I should read and digest the full report before I get too comfortable on my high-horse. I'll shut up for rest of the day and go read the damn thing! :)
Ok Qtown will do, but before I do, I must tell you that I don't know of any other organization that is more accountable to the public in canada other than the RCMP. IE: the pension scandal, the arar affair, milgard, the mindy tran case..If you knew the accountability factors that exist within the organization it would make your head spin! The rcmp fall under treasury dept guidelines, and of course there is the RCMP act. SO take a while to check them out. Ask any member on the street and the term "big brother is watching you" is by no way lost.

Here is what you wrote:

"The issue here is whether RCMP members themselves are above the law. If I get in a fist fight with my neighbor over his noisy dog, and I end up shooting him to death, the odds of me being able to avoid serious consequences are slim to none. "

You cannot compare what you have said above in any way to the circumstances in the bush case. If you perhaps said that you got into a fist fight with your neighbour over his noisy dog, and he rendered you semi conscious, then as you were prone on the ground and for the most part defenseless, he says to you I am going to kill you and starts to strangle you, then yes, you may have to shoot him in order to make him stop trying to kill you. Sure, your actions will be examined and analysed by the police and crown (which they were in koester's case)but if you used the force necessary in order to stop the attack on you because you felt that your life was going to end at your neighbour's hands then you are legally justified.
This is different than a scrap or a consensual fight between two neighbours.
Imorg, I'm confused as to whether we're debating the general issue of police accountability or the Ian Bush case. Do you disagree with me in both stances, or just one?

FTR, my stances would be:

General: Police should not be allowed to investigate themselves.

Specific: Koester should be held much more accountable for what ended up happening with Ian Bush.
Paul Kennedy is an ex prosecutor, just like the whimp who pollutes the office of the Police Complaint Commission of BC. Prosecutors are cop doormats who NEVER challenge police targeting of innocents, or question cop accounts of illegal conduct of their own.

Koester punished Ian Bush for goofing on him. He knew that the Obstruction of Justice cause for which he arrested Bush, required a present ability to defeat justice. The fact that Bush both carried ID and then presented it after giving joke names to his killer, voids the legality of arrest. In fact, Koester refused to accept ID at the arena, and issued a sham reason that he had an additional reason - claimed he forget his ticket book - for taking his victim to the station. Bush's wallet was found on the floor of same.

Bush was properly ticketed, and had both the means to pay same and had no record of non-compliance with ticket procedure. Koester didn't enter a charge recommendation against Bush, thereby red flagging his motivation for making the arrest.

As we enter the pre Olympic period, there is interest in the international community of our commitment to justice in this province. The fact that officers of the court chose to fix cases whenever one of their own is subject to the rule of law, reveals that there is piecemeal tyranny in our justice system. As for Kennedy, his report was a deliberate whitewash; he should be charged with Obstruction, for intentionally falsifying a statutory declaration.

1 = the number of convictions delivered by the average Canadian slug, per month.

1 = the number of incarcerations delivered by the average Canadian slug, per month.

1 = the number of suspects out of every 20 substantiable crime complaints, who are subject to a crime investigation. (Slugs refer to this gross service negligence, as "unfounding").

0 = the measure of public purpose, demonstrated by the average Canadian slug.
I feel so sorry for the families involved.
I wonder though if any answer would satisfy fully?
I can only hope that some sort of peace will surround all the families involved, soon.
Truth is proving just how little he knows about the processes involved.
Qtown: Koester was held accountable for what happened: His employer, the rcmp required he provide a statement under the rcmp act and he provided one. If he was "John Q Public" he could have told everyone to go pound sand and waited until a trial if it went that far. He didn't have to testify at the coroner's inquest either, yet he did.

All I have read is about how the police should be held accounable....well what about people who break the law in the first place? (like mr bush). If you saw the picture of Koester in the citezin it is obvious that he was attacked.

As for an independant agency to investigate the police, I don't know if one could find enough qualified people to do it, other than another police agency or other retired police officers, or lawyers or judges with backgrounds in civil, administrative and criminal law who have the expertise to investigate, analyse and complete a report based upon the available data. But if one is created, that's fine with me.
The lesson here for me is not whether the police were right or wrong in their actions. The knowledge I have gained, from this and other cases where people resist is that it's pretty much only going to make your situation worse. Even if you did nothing wrong you had best just sit down shut up. If when you sober up you think you were wronged they are paths to take to take the RCMP to task. Those paths become pretty limited if you have been a jerk to the police and or resisted / fought with them. Yah we can all talk tough about what we would do and then play the victim but that's getting kind of old in our society isn't it?

Think of it as a hockey player wining to the Ref that he didn't deserve a penalty... have you ever seen a ref say, 'oops you're right, my mistake'?????
This is an easy subject to get out in left field over.
Emotions are a powerful thing, and they are not always rational.
About the only thing we do know for sure is that a dumb kid did a dumb thing, and now he is dead.
He should not be.
There ARE two sides to this saga but unfortunately,we are never going to hear Bush's version, and Koesters version and that of the RCMP have left us with serious doubts about our safety in regards to those we SHOULD be able to trust.
That is going to hang around for a very long while.
Koester is a bad cop.That happens sometimes, in any profession.
Some people can handle stressful situations and power and some can't.
That may not be Koesters fault as such, but there is no advantage to the RCMP to keep him around.
It could happen again if Koester finds himself in a similar situation, and that is very bad for us all.
Including the RCMP who should have had enough bad press by now!
By the look of Officer Koester in the Citizen yesterday, I am of the opinion he was involved in quite a scuffle. All of a sudden, reasonable doubt about the accusations arise. Maybe he was, fighting for his own life and was one breath away from his last. Chester