Taser inquest shut down

September 15, 2006
Coroner's move shocks victim's kin
Petti Fong, Globe and Mail

VANCOUVER -- A B.C. coroner abruptly shut down the inquest into the death of Robert Bagnell and adjourned hearings for six weeks after the family of the victim tried to introduce a letter from the Victoria chief of police that raised concerns about the use of tasers.

The surprise announcement by coroner Stephen Fonseca caught lawyers off guard and shocked Mr. Bagnell's family who had travelled from Ontario and Prince Edward Island to attend. The inquest was to wrap up today after a two-week hearing before a five-man jury. The coroner announced the adjournment without the jury present and left the hearing before Cameron Ward, the family's lawyer, could file any argument or submission requesting the inquest continue. Mr. Fonseca also ordered a ban on the distribution of the letter from Victoria Police Chief Peter Battershill to Dirk Ryneveld, the police complaint commissioner. A copy of the letter was also sent to Vancouver Chief Constable Jamie Graham. Karen Johnston, a spokeswoman from the Ministry of Public Safety and Solicitor-General, said yesterday that there was an issue over the handling of third-party documents. "There's a confidentiality around those documents," she said. "The presiding coroner ordered an adjournment so he could seek clarification on that." Ms. Johnston said the issue was raised by legal representatives of parties with standing at the inquest, but declined to say which party had raised the objection. The reported parties with standing at the inquest are Mr. Bagnell's family, Tasers International Inc., the weapon's manufacturer and the Vancouver Police Department. Coroners counsel Chris Godwin declined to comment on why the inquest was shut down.

Mr. Ward said the letter is important and should be known to the jury. "The suppression of the letter is against public interest. The letter in my view has public safety implications," he said yesterday.

Mr. Bagnell's sister, Patti Gillman, and his mother, Riki Bagnell, have filed a civil suit against the Vancouver police.

Mr. Bagnell, 44, died from acute cocaine intoxication, according to the medical examiner, but his family believe that the use of a taser played a role in his death.

In earlier testimony, the jury heard from Mr. Bagnell's neighbours that he was violent the night he barricaded himself in the fifth-floor washroom of the hotel where he lived. A medical examiner and toxicologist had also testified that Mr. Bagnell had enough drugs in his system that night to cause his death. Police officers testifying at the inquest said that a fire on the first floor of the hotel created an urgency to the barricade situation four floors above where an emergency response team had been trying to get Mr. Bagnell to come out. Although police originally informed Ms. Bagnell that her son died of an overdose, a detective confirmed a month after his June 23, 2004, death that a taser was used. One month after confirming the taser use, police released information about the fire on the first floor of the hotel.

Patti Gillman said she was shocked to hear the inquest ordered shut down. "I can't believe we won't be able to walk away from here with the truth and some recommendations to prevent this from happening to others," she said. Ms. Gillman travelled from Ontario to attend the hearing and her mother came from Prince Edward Island.

The jury will also return to hear the rest of the testimony from witnesses including the emergency response team officer who fired the taser. The inquest is supposed to resume Nov. 6.