SIU Concludes Investigation into Hamilton Vehicle Collision

MISSISSAUGA, ON, Oct. 16 /CNW/ - The Director of the Special Investigations Unit (SIU), Ian Scott , has concluded there is no reasonable basis to believe that a Hamilton Police Service officer is criminally responsible for the injuries sustained by a 24-year-old man on September 3, 2009 .

The SIU assigned three investigators and two forensic investigators to probe the circumstances surrounding this incident.

The SIU investigation determined that on September 3 , the subject officer was doing radar enforcement on the Lincoln Alexander Parkway. At approximately 3:30 a.m. , a light-coloured Chrysler driven by Jay Davy drove past the officer at a clocked speed of 164 km/hr. When Mr. Davy refused to stop, the officer activated his emergency lights and entered into a pursuit of the Chrysler. The Chrysler exited on the Garth Street ramp, turned north, ran the red light at Limeridge Road and smashed into a stone wall at Garth Street and Beckett Drive. The complainant suffered serious injuries in the collision, including a fractured right ankle and left wrist, and a collapsed lung.

Director Scott stated, "There is no doubt that the subject officer was engaged in a pursuit of the complainant's vehicle beginning on the Lincoln Alexander Parkway, and that Mr. Davy had no intention of stopping. Pursuant to s. 3 of the 'Suspect Apprehension Pursuit' regulations to the Police Services Act, the officer had the lawful authority to enter into this pursuit because the complainant was engaged in driving at speeds that could constitute dangerous driving under s. 249 of the Criminal Code. The complainant was actively attempting to elude the subject officer, and subsequently lost control of his vehicle and collided with a stone wall."

Director Scott added, "I'd also like to note that surveillance video obtained shows an eight second gap between the two vehicles shortly before the collision, suggesting that the subject officer was a significant distance behind Mr. Davy . There is no suggestion of contact between the two vehicles."

The SIU is a civilian agency that investigates cases of serious injuries (including allegations of sexual assault) and deaths involving the police. Pursuant to section 113 of the Police Services Act, the Director of the SIU is mandated to consider whether a criminal offence has been committed by an officer(s) in connection with the incident under investigation and, where warranted by the evidence, to cause a criminal charge or charges to be laid against the officer(s). The Director reports the results of investigations to the Attorney General.

For further information: Monica Hudon, SIU Communications/Service des communications, UES, Telephone/No de telephone: [phone] or/ou 1-800-787-8529