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RCMP silent on woman's assault complaint
Woman alleges assault in police custody by officer who admitted to injuring prisoner in previous incident

Shane Magee
Northern News Services
Friday, June 10, 2016

SOMBA K'E/YELLOWKNIFE
A young woman who went to the police station in search of an acquaintance was struck in the face and legs by RCMP officers while in handcuffs, a year-old complaint alleges - one that remains unresolved to this day.

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RCMP Const. Cory Wallace admitted he assaulted a prisoner in police custody during a previous incident in 2013. He is named in a complaint from last year alleging he struck a female prisoner in the legs as she was being searched at RCMP headquarters. - NNSL file photo

The Jan. 7, 2015 incident, which was captured on video, prompted her lawyer Gary Wool to file a complaint on the woman's behalf with the Civilian Review and Complaints Commission for the RCMP, which investigates allegations from the public of Mountie wrongdoing.

The woman was charged with assault causing bodily harm to a police officer, a charge withdrawn after the Crown prosecutor viewed the video at her lawyer's request.

The Lethbridge Regional Police Service in Alberta was called in to carry out a criminal investigation.

Silence followed.

The complaint filed in May of last year is based on surveillance footage because the woman doesn't have a clear memory of what happened.

The complainant, who Yellowknifer has been unable to contact and whose name has been withheld in records obtained, went to the city's RCMP building on 49 Avenue after being told someone she knew was being held by police.

Outside the station there was a "scuffle" between her and RCMP officers, her complaint states.

The complainant stated she accepts her behavior at the front door of the police station may have contributed to what happened inside.

She was handcuffed and taken to the booking area. Her shoulders were being held by Const. Miranda Porr and Const. Cory Wallace and her face was about three inches from a wall.

According to the complaint, the woman was not resisting or struggling when Const. Tammy Um approached, wagged her finger in the face of the woman and then struck her in the face with her right hand, causing her head to strike a portion of the wall jutting out close to where she was standing.

The woman was taken to the floor and searched. Officer Wallace held and punched her legs, the complaint states. She was then carried to a cell.

It's not the first time Wallace's name has been linked to allegations of wrongdoing.

Three years ago Wallace admitted to a March 2013 assault against a prisoner in courthouse cells. However, the charge was stayed in court by the Crown after the officer attended a community justice hearing.

The woman's complaint states at least four officers saw what happened, although the incident didn't appear in any of the officers' notes. The complaint suggests not noting the incident violated RCMP policy.

"This gives me suspicion that at worst they colluded to try and conceal this event and at best failed to carry out their duties," the complaint states.

Yellowknife RCMP referred a request for an interview to Lethbridge police.

Wool, asked recently what he thought when he saw the video, said he wouldn't comment other than to point out what he saw prompted him to draft the complaint.

"I think that gives you some insight into what I thought," Wool said.

The complaint was taken seriously by the complaints commission. A cover page on the report sent to RCMP Commissioner Bob Paulson in Ottawa states the allegations "may require a code of conduct or criminal investigation."

A news release from Yellowknife RCMP in June of last year stated allegations about its officers triggered an external review by Lethbridge Regional Police Service. The news release stated it involved "a public complaint regarding the use of force by a police officer" during a search of a prisoner in police cells on Jan. 7, 2015.

There has been no public update since then. RCMP spokesperson Elenore Sturko said any new information would have to come from Lethbridge. She did not respond when asked whether the officers in the incident remained on regular duty during the investigation.

Lethbridge police Sgt. Bill Basso said the force concluded its investigation in September of last year and "forwarded a report" to the Crown prosecutor's office in the territory for review. Police make the decision whether to lay a charge, a decision which can be made in consultation with the Crown.

A report was also sent to a use of force expert for review, Basso said.

Basso couldn't say whether charges were recommended and neither could the Crown prosecutors office in Yellowknife. Crown prosecutor Susanne Boucher said it wasn't clear whose responsibility it would be to lay charges if any were recommended, whether Lethbridge police or RCMP.

Basso said Lethbridge was in contact with the woman through her lawyer.

"We want to communicate with the complainant before we put this to rest," he said.

Wool said in an interview in mid-May he was not aware of the outcome and had lost contact with his client. Yellowknifer was told by another source she doesn't live in the city.

Anna Van Dusen, a spokesperson for the Civilian Review and Complaints Commission, said after the criminal investigation began, its review was put on hold.

"We would let the criminal investigation proceed and have that conclude before we would do anything on our end," Van Dusen said.

John Howard Society executive director Lydia Bardak said it's good to have outside eyes on cases of alleged improper police behaviour. However, that comes with a need to make the results known.

"We need to know. We need to hear whatever they've found out, whatever the outcome is," Bardak said.

Basso, speaking generally, said the force would typically not issue an update about an investigation if no charges are recommended. It is the second external investigation Lethbridge has carried out into allegations of excessive force by Yellowknife RCMP.

The first was tied to an arrest outside a gas station March 27 last year where an officer is shown on video hitting the head of a man on the ground who was resisting arrest. Despite attempts over the past year, Yellowknifer has been unable to determine the outcome of the case after it was sent to the Crown prosecutor's office in Yukon.

Sturko said the officer in the gas station case - whose identity hasn't been released - was placed on administrative duty during the external review. The officer returned to active duty but no longer works in the Northwest Territories, Sturko said.

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