EDITORIAL: Public airing would clear odour around case

January 11, 2011
Belleville Intelligencer

The odour surrounding boxer Shawn O'Sullivan and his run-in more than a year ago with Belleville police is beginning to be, if not yet foul, at least a little bit funky.

Police arrested O'Sullivan on Nov. 28, 2009 following a scuffle with a neighbour. Charges of mischief and assault against O'Sullivan were withdrawn May 13 after he agreed to a six-month peace bond preventing him from contacting the man.

During his arrest, O'Sullivan was shocked by a Taser. But the Olympic silver medallist insists he was also beaten by police and, contrary to police reports, did not resist arrest.

O'Sullivan's lawyer, Bill Reid, filed an official complaint May 27 with Ontario's Office of the Independent Police Review Director (OIPRD) which then forwarded it to city police for review. Following the internal review, Belleville Deputy Police Chief Paul VandeGraaf ruled O'Sullivan's complaint was "unsubstantiated."

The OIPRD, which then reviewed the report submitted by Belleville police in September, held that Belleville police investigators' conclusion was not unreasonable.

Reid called the OIPRD findings "interesting" but not "surprising."

He said the ruling indicates the OIPRD's "hands are tied" in that they seem to be saying it is not their mandate to rule if VandeGraaf made the correct decision.

Our concern is that while neither VandeGraaf nor the OIPRD are saying the officers involved did anything wrong -- and we aren't saying that either -- neither are they giving ringing endorsements about their innocence.

And that unfortunately leaves the aroma that maybe something just isn't right here.

O'Sullivan can still appeal the ruling at the divisional court, or he can file a civil lawsuit against the Belleville police. But both these options cost considerable time and money.

Had, however, the initial investigation been held publicly and openly, the questions circling about this issue, while maybe not entirely cleared up, would at least be aired in a way that people could make their own determination.

The argument against that is it would parade the officers involved in front of the public and possibly tarnish their names, despite the fact there had not been a determination of wrong-doing.

However, the alternative is leaving the same tarnish, aided by speculation brought on by the process which keeps all such information sealed.

Those charged by police with crimes get their day in court when they get to tell their side. Both the public and police would be better served by a system that allowed for the same when it is the police whose actions are being questioned.

Police win round 2 vs. O'Sullivan

January 11, 2011
JASON MILLER, THE INTELLIGENCER

Former Canadian Olympic boxer Shawn O'Sullivan once again has his back against the ropes.

O'Sullivan is considering his options after Ontario's Office of the Independent Police Review Director (OIPRD) ruled in favour of Belleville police, which determined O'Sullivan's complaint of police brutality was "unsubstantiated."

O'Sullivan's lawyer, Bill Reid, said according to the OIPRD, the test on review of the report submitted by Belleville police in September is based mainly on "reasonableness", not "correctness."

He said without deciding the correctness of the decision filed by Belleville Deputy Police Chief Paul VandeGraaf, the review panel essentially held that it was not unreasonable.

Reid called the findings "interesting" but not "surprising."

He said it is something he would like to "explore" because the ruling indicates that the OIPRD's "hands are tied" in that the review panel seems to be saying it is not its mandate to rule if VandeGraaf made the correct decision.

"I'm not sure if that's correct," the lawyer said in an interview.

Reid has been adamant the report from VandeGraaf didn't disprove the fact "excessive force" was used in arresting his 48-year old client.

"It's a bit disappointing when you think the Belleville police were the ones who investigated themselves," he said.

O'Sullivan can now appeal the ruling at the divisional court. He can also file a civil lawsuit against the Belleville police, Reid said. "I think he's stepping back and considering all his options," Reid said. "Another option is just to let it go." He went on to say that, "there's not a clear and compelling case here. It's a question of credibility."

Police arrested O'Sullivan on Nov. 28, 2009 following a scuffle with a neighbour. Though criminal charges of mischief and assault were withdrawn May 13, O'Sullivan agreed to a six-month peace bond preventing him from contacting the man.

Police and O'Sullivan have both said publicly he was shocked by a Taser or similar stun-gun device during his arrest. But the Olympic silver medallist claims he was also beaten by police and, contrary to police reports, did not resist arrest.

Reid filed an official complaint May 27 with OIPRD which then forwarded it to city police for review. Following the internal review, VandeGraaf ruled O'Sullivan's complaint was "unsubstantiated."

Reid said there were "inconsistencies" in the statement provided by the officers on scene regarding O'Sullivan's conduct. "If you match those inconsistencies, I think there is a strong argument that what Shawn was saying actually happened," he said, noting that there was also some evidence of unreasonable force. "Their (police) evidence was conflicting on certain parts. There was certainly room to make that point."

Reid said it is difficult for a review panel to decide what side of the evidence to go with when analysing the investigation done and conclusions drawn by the police. "There were clearly some mistakes; the question is how significant were they in the decision," he said. "The OIPRD felt they didn't render the decision unreasonable."

Belleville Police rule against Shawn O'Sullivan

September 23, 2010
LUKE HENDRY, THE INTELLIGENCER

Belleville's deputy police chief has ruled ex-boxer Shawn O'Sullivan's complaint against city police is "unsubstantiated," The Intelligencer has learned.

Police arrested O'Sullivan, 48, of Belleville Nov. 28, 2009 following a scuffle with a neighbour. Though criminal charges of mischief and assault were withdrawn May 13, he agreed to a six-month peace bond preventing him from contacting the man.

Police and O'Sullivan have both said publicly he was shocked by a Taser or similar stun-gun device during his arrest.

But the Olympic silver medallist claims he was also beaten by police and, contrary to police reports, did not resist arrest.

O'Sullivan's lawyer, Bill Reid of Toronto, filed an official complaint May 27 with Ontario's Office of the Independent Police Review Director (OIPRD). The OIPRD then forwarded it to city police for review.

Reid said yesterday Belleville Police Deputy Chief Paul VandeGraaf ruled O'Sullivan's complaint is "unsubstantiated" in the wake of an internal review by the police service, Reid said.

The story was broken on our website (www.intelligencer.ca) Wednesday afternoon.

He said O'Sullivan received a letter earlier this month from VandeGraaf.

"As per the Police Services Act of Ontario, I have no decision open to me other than to determine your complaint to be 'unsubstantiated,'" Reid said early Wednesday afternoon, reading from the letter.

"In light of there being no substantiated evidence of any wrongdoing on the part of the officer involved ... this complaint file is now closed," said Reid, again quoting VandeGraaf's letter.

VandeGraaf would not address the complaint directly but said O'Sullivan still has the option to pursue a further review. "The matter's been resolved to the complainant and the investigative file's been forwarded to the OIPRD," VandeGraaf said Wednesday in a telephone interview.

"The process from there is that there are options for the OIPRD to seek it to be reviewed or for the complainant to ask for a review to be done," he said.

"I'm not going to speak about the complaint," said VandeGraaf. "There is still a potential for Mr. O'Sullivan to request a review so it would be a bit premature for us to speak about that," he said.

Reid said VandeGraaf's ruling "is not a surprise" and he and O'Sullivan will pursue the case with the OIPRD. "We are going to go ahead with the review," he said. "There is an opportunity to enclose further reasons or other evidence into the court," said Reid. "I don't want to disclose what that will be just yet but we will be enclosing further material."

Reid said O'Sullivan was arrested by Const. David Bradley and one other officer, possibly an auxiliary member of the force. He said O'Sullivan's complaints are based on two issues: the use of the stun gun and the boxer's claim he was "knee-capped" by police. O'Sullivan has charged officers stepped on the backs of his calves and thighs, causing knee damage.

"I can tell you that it's the subject of medical treatments even as we speak," Reid said. "I believe there is corroboration for Shawn's allegations," said Reid. He said he was waiting to see a copy of the police review's final report.

VandeGraaf said a police paperwork error meant not all documents on the matter were sent properly, but that Reid should have received the Wednesday afternoon.

Reid could not be reached for comment later in the day.

O'Sullivan's complaint against police 'unsubstantiated' - deputy plice chief

Belleville's deputy police chief has ruled ex-boxer Shawn O'Sullivan's complaint against the Belleville Police Service is "unsubstantiated," The Intelligencer has learned.

O'Sullivan was arrested last November by city police following a physical confrontation with a neighbour. Though criminal charges of mischief and assault were withdrawn he was placed under a court order preventing him from contacting the man.

Police and O'Sullivan agree he was shocked by a Taser or similar stun-gun device during his arrest.

But the Olympic silver medallist claims he was also beaten by police.

O'Sullivan's lawyer, Bill Reid of Toronto, said yesterday Belleville Police Deputy Chief Paul VandeGraaf ruled O'Sullivan's complaint is "unsubstantiated" in the wake of an internal review by the police service, Reid said.

The deputy chief would not address the complaint directly but said O'Sullivan can still ask Ontario's Office of the Independent Police Review Director to review the case.

Reid said he and O'Sullivan will pursue that review.

Frustration with new Ontario police complaints office

August 3, 2010
CBC News

The new Office of the Independent Police Review Director says it has so many complaints against police to investigate it can't handle them all — so it's enlisting the help of the police themselves to tackle the problem.

The OIPRD was established last fall "to provide an objective, impartial office to accept, process and oversee the investigation of public complaints against Ontario's police," says a notice on the organization's website.

But some who have filed complaints are showing their frustration.

In February, Chris van Hartskamp and a friend were in sleeping in a parking garage stairwell.

Van Hartskamp, who is homeless, said security guards attacked them.

He admits he and his friend had been drinking but says the security guard's actions were excessive.

"They had me handcuffed and they were beating me up and everything," he said.

The security company claims it was van Hartskamp who did the fighting.

Van Hartskamp wouldn't back down. He complained to Toronto police but nothing seemed to happen.

In his frustration he filed a complaint with the OIPRD - but they sent his complaint back to the police.

Gerry McNeilly, the head of the OIPRD, won't discuss individual cases, but insists all complaints will be investigated.

Since April there have been 1,500 complaints — many of them related to the G20.

McNeilly says most get sent back to police to look in to because he doesn't have the staff to fully look through all the complaints without some help.

McNeilly says the police investigations will be different with the OIPRD oversight.

"I have the ability to take investigations back if I'm not happy with how the investigation's unfolding. I have the ability to give directions to chiefs," he said.

Van Hartskamp isn't convinced.

"I think it's just, like a merry-go-round. I don't think nothing's going to happen really, I really don't think nothing's going to happen," he said.

O'Sullivan files complaint - Belleville police chief promises full review

May 28, 2010
Luke Hendry, The Intelligencer

Retired boxer Shawn O'Sullivan has filed an official complaint against the Belleville Police Service, The Intelligencer has learned.

Bill Reid, O'Sullivan's Toronto lawyer, told The Intelligencer Thursday he filed the complaint earlier that day with the Office of the Independent Police Review Director (OIPRD), an arm's-length branch of Ontario's Ministry of the Attorney General.

"I will always believe in the force because there will always be a need for a force to uphold justice," Belleville's O'Sullivan, 48, said Thursday.

But he said police used excessive force in arresting him Nov. 28, 2009 and he's concerned that it could happen to others. "If they do it to me and get away with it, they will do it to everyone," he said. "If it will come to pass that these police will get reined in a bit or walk a different walk, then that would be great."

Neither Belleville Police Chief Cory McMullan nor OIPRD staff could confirm the complaint had been made; each cited they couldn't talk about specific cases because of privacy law.

Both agencies, however, pledged a full review of the complaint.

O'Sullivan, a Toronto-born 1984 Olympic silver medallist, was on a quest for his stolen championship rings when he entered the yard of a Belleville resident and they scuffled.

Charges of assault and mischief against O'Sullivan were withdrawn May 13 after he agreed to enter a peace bond ordering him to stay away from the resident. O'Sullivan said he felt vindicated.

Police and O'Sullivan agree an officer shocked him with a Taser or similar high-voltage weapon before arresting him.

Reid said the shock doesn't appear to have caused lasting injury but the "degree of violence" used in the arrest lingers.

"My knees kill me now," said O'Sullivan.

Reid said his client now descends stairs backwards to avoid some of the pain. O'Sullivan has seen a doctor about his injuries, Reid said.

Police said he was combative and "physically resistant" with officers. O'Sullivan denies that report vehemently, saying he was trying to talk with them when shocked.

"I don't resist," he said. "Had I resisted they would be in hospital still. These bastards, they're not police -- they're thugs with badges," he said, though he stressed the remark is limited to his arresting officers, not the entire city force. "There's a lot of great guys I know on that force," he said.

"The police just moved too quickly," Reid said. "I think good policing means listening a little to the other side first."

"If you don't investigate further it just turns the complainant into the police," he said, adding officers "acted like judges" on the night in question and used the Taser needlessly. Talking with O'Sullivan would have led to a different result, he said.

Chief McMullan said she couldn't comment directly on the case. "I can't comment on whether a complaint has or hasn't been filed," she said. "Mr. O'Sullivan and his lawyer are free to state whatever they wish to state. The police service is not," McMullan said. "If there's a complaint made ... we'll make sure that it's fully investigated and a report will be filed with the outcome, but I can't comment specifically on the information that you have," McMullan told The Intelligencer.

She said commenting would identify the person publicly as someone complaining about police. "We don't want that to be a deterrent," she said.

Allison Hawkins, a spokeswoman for the OIPRD, said the agency takes up to 10 days to ensure a complaint falls under its mandate. Conduct complaints take on average 90 days to investigate, she said.

Complaints can be probed by either the local police service, another police service or the OIPRD.

The local police chief is given a copy of the complaint; the officer in question receives an edited version. Regardless of who investigates, that agency must rule whether or not a complaint is substantiated. Substantiated complaints are deemed serious or less serious, said Hawkins. A complainant can appeal the decision of a police chief.

"If it's retained by our office our decision is final," said Hawkins. "Decisions are only made public if they go to a disciplinary hearing," she said.

Reid said he was commenting on the case only because interviews were requested. O'Sullivan isn't complaining out of a desire for media coverage, he said. Reid said the concern about use of force should be addressed. "If it's swept under the carpet that doesn't help anybody." He added O'Sullivan has "other avenues" to address his concerns outside the OIPRD complaint process and that a civil lawsuit against police is "still a possibility."

O'Sullivan said he would seek financial compensation.

Reid, though, said the OIPRD process "is a really good way of redressing this issue" and he and O'Sullivan will watch it unfold. "This may be all that's required."