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 Charges of mischief and assault against O'Sullivan were withdrawn May 13 after he agreed to a six-month peace bond preventing him from contacting the man.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.

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."

Use of Taser-like device on Shawn O`Sullivan unnecessary: lawyer

May 14, 2010
LUKE HENDRY, THE INTELLIGENCER

The use of a Taser-like device in the November arrest of Shawn O'Sullivan by Belleville Police was unnecessary and could soon be at the centre of a formal complaint against police, his lawyer says.

Charges of mischief and assault against O'Sullivan, 48, of Belleville were withdrawn Thursday in Belleville court. He entered into a six-month peace bond requiring him to avoid contact with a man with whom he scuffled during an attempt to locate his stolen boxing championship rings.

O'Sullivan is a 1984 Olympic boxing silver medallist.

His lawyer, Bill Reid, said Thursday he and O'Sullivan are still considering making the complaint. It must be made within six months of the incident. O'Sullivan was arrested Nov. 28.

Police said O'Sullivan was agitated, showed signs of intoxication and took a "combative" stance with officers.

O'Sullivan said he was looking for information about his stolen rings. He said he was peaceful with police and though he had been drinking and wasn't drunk. He told The Intelligencer he was still asking officers what was happening when the stun gun was fired at him.

"It (the Taser) was resorted to all too quickly," Reid said.

The retired boxer said he was happy with the end of the criminal case against him and praised Crown attorney Jodi Whyte.

"I think she's great," he said. "She's kind."

O'Sullivan's speech is at times slurred, the result of a distinguished yet punishing boxing career. When combined with the smell of alcohol it could lead someone to believe he was drunk, Reid said.

"I can see the police being fooled by that," Reid said. "You still have a duty to inquire."

He said an officer responding to a 911 call at the house last November talked to the complainant before heading outside to arrest O'Sullivan.

Reid said his client wasn't given a fair chance to speak with police.

"He simply wanted to make his case to the police," he said. "There was no room given to him to make that happen. It would have changed the dynamic of that encounter. That's an issue. It raises questions."

Reid said he had reviewed police evidence, including video, and that O'Sullivan was "by no means falling down drunk at all."

O'Sullivan respects and was even trained by police and "has a very good rapport" with them, Reid said.

But he stopped short of an outright critique of police.

"I don't want to see this inquiry be an absolute condemnation of (the officer)," he said.

"Certainly it is not. In truth I believe the police have been fair as well," he added, explaining that like the Crown, they have treated the criminal case and concerns about the arrest as separate matters.

"The police are concerned about his rings," he added.

The rings were stolen in 2007 and have never been recovered. In addition to the usual reward offered from Crime Stoppers a total of $6,000 in private rewards has been offered for their return.

Police Chief Cory McMullan said O'Sullivan is entitled to complain.

"Certainly if they wish to make a complaint we will do an investigation," she said.

"Whether there was a conviction ... or whether there has been a peace bond entered into does not impact whether or not the proper use of force was applied or was not applied," said the chief.

When police use force, she said, "there are reports that are required and they're reviewed by our training officers and any concerns regarding those would have been brought forward and we would deal with them whether there was a complaint made or not."

She said senior staff also review those reports.

Officers responding to a call "have to take into account all of the circumstances at the time," said McMullan.

Charges withdrawn against Shawn O'Sullivan

May 13, 2010
LUKE HENDRY, The Intelligencer

The Crown has withdrawn criminal charges against retired boxer Shawn O'Sullivan.

Hastings County assistant Crown attorney Jodi Whyte withdrew the charges Thursday morning at the conclusion of a pretrial hearing in Belleville criminal court.

"Hopefully this has been put to bed and we'll all carry on," O'Sullivan said after the hearing.

Whyte and O'Sullivan lawyer Bill Reid of Toronto agreed upon a peace bond requiring O'Sullivan not to be on the property of Jeff Burton, the man on whose property O'Sullivan was arrested Nov. 28, 2009.

Justice Stephen Hunter imposed the bond.

O'Sullivan told The Intelligencer earlier this year he had gone to the property while pursuing a lead about his stolen rings. At least 10 boxing championship and personal rings were stolen from his home in May 2007 and he has since been on a passionate quest to recover them.

In a January 2010 interview, O'Sullivan said he had gone to the other man's house to ask him something about his rings.

Instead, the two scuffled. Police were called and shocked O'Sullivan with a Taser-like stun gun.

O'Sullivan has since professed his innocence and said he did not, contrary to police reports, act combatively with police or do anything to warrant the Tasering.

Lawyer Reid said he and O'Sullivan are still considering filing an official complaint with Belleville Police about the way the arrest was handled.

Olympic boxer cleared of charges

May 13, 2010
By QMI Agency/Toronto Sun

BELLEVILLE, Ont. -- Olympic boxing silver medalist Shawn O'Sullivan has been cleared of mischief and assault charges in a Belleville, Ont., court.

O'Sullivan, 47, faced one count each of assault and mischief under $5,000 in a case dating back to last November. He was accused of assaulting a man in Belleville's west end. O'Sullivan has said he was trying to get information about his stolen championship rings when he was struck by another man.

O'Sullivan has also claimed police beat him and stunned him with a Taser. Belleville police later confirmed they had used a "charge-conducted device" on O'Sullivan but said he was combative and physically resistant.

O'Sullivan's lawyer, Bill Reid, said O'Sullivan is considering filing a complaint about excessive use of force.

In court Thursday, O'Sullivan agreed to a peace bond keeping him from having contact with the man he was accused of assaulting for six months.

O'Sullivan has been on a two-year hunt to recover stolen championship boxing rings that were taken from his downtown Belleville apartment. He admitted at the time he had been too friendly with some shady characters, whom he'd allowed to visit his place. He said he never thought anyone would rob him.

Lawyer says he will defend Shawn O'Sullivan 'vigorously'

February 19, 2010
LUKE HENDRY, THE INTELLIGENCER

The lawyer for retired boxer Shawn O'Sullivan says his client is "a fine guy" who will get a strong defence in court.

Lawyer Bill Reid told The Intelligencer he is reluctant to comment in detail on the case given its early stage. "We're going to, I would say, proceed cautiously," Reid told The Intelligencer.

O'Sullivan was charged last November with mischief and assault after a west-end scuffle during what he called an attempt to recover his championship rings. The rings were stolen from his Belleville home in 2007.

Police responded and have confirmed they used a Taser-like device on O'Sullivan, whom they said was combative, shows signs of intoxication and resisted officers physically.

O'Sullivan, whose symptoms of being "punch-drunk" from his career leave him with occasionally slurred speech, has said he did not resist. He has claimed he tried to talk to officers and was still trying to co-operate as they Tasered him. He also alleges he was beaten.

The case first came before Belleville court Feb. 11.

Reid said he has received disclosure of the Crown's case against his client, a former Olympic boxing silver medallist and two-time World Cup champion now living in Belleville, but wants more information. "I've asked for some details from the Crown and we're going to have a further discussion on this coming in March," Reid said Wednesday from his Toronto office.

O'Sullivan, who last week carried the Olympic torch in North Vancouver, said he respects the justice system and understands the case must run its course. "That's our system and you've got to abide by it," said O'Sullivan.

Like O'Sullivan, Reid comes from Toronto's Irish community. He attended school with Shawn's brother, Brian O'Sullivan, and said he has known the boxer since before the latter gained his national profile as an athlete. Reid has spent most of his 26- year career in criminal litigation, taking cases ranging from high-profile murder trials to shoplifting. He was a Crown prosecutor in the Greater Toronto Area during the 1990s. He also teaches law and has defended other professional athletes, though he declined to name clients.

O'Sullivan first made public his allegation of police brutality during a January television interview about his career and life afterward. A deluge of media attention and public controversy followed his initial interviews with Global News and The Intelligencer.

The sudden interest in the case was overwhelming, O'Sullivan said. It was just like winning a world title again -- the amount of media it was getting," he said.

But he added he and Reid had yet to discuss the case at length and he, therefore, had little to add, especially given the earlier wide publication of his account. "I know what happened," he said.

Reid, meanwhile, said it isn't his usual style to draw a spotlight onto cases. "I don't think this is the kind of case to take into the media," Reid said. "I don't think Shawn likes these things to be, necessarily, public. I think it's good to deal with them discreetly and see what happens.

"Shawn is a fine guy," Reid said. "He's already said something in the media. I wouldn't purport to say it any better than that. I think it says a lot.

"Let me put it this way: I think it has a ring of truth to it, and we'll see how it stands up."

"His whole family has been supportive through this," he added.

Reid said he would defend O'Sullivan "vigorously."

He said he'll review that information and do further research before commenting in any depth. Reid said his approach to the case will be determined largely by the Crown's intentions. He would not comment on any potential plea O'Sullivan might enter. "At this point truly all his options are open," he said.

O'Sullivan has said he plans to file an official complaint against police. That has not happened yet, but Reid and O'Sullivan said it remains a possibility.

"That will have its day," said O'Sullivan.

But for now, said Reid, he'll await further details from the Crown.

"Let's see what the other side says."

O'Sullivan's pre-trial hearing -- a meeting between a judge, the Crown attorney and defence -- is scheduled for March 11 in Belleville before Justice Stephen Hunter.

Story should be told, say Intelligencer readers

January 22, 2010
JASON MILLER, THE INTELLIGENCER

The Intelligencer's decision to publish Shawn O'Sullivan's story does not cast the city police force in a bad light, readers told the paper during an informal poll Thursday.

Belleville resident Christine Gilbey said the story did not taint her view of the force.

"I don't look at the group as a whole," she said. "It's an individual incident and you don't pass judgement until all the facts are out on the table."

The poll stemmed from Belleville police Chief Cory McMullan and members of the police services board blasting The Intell for what they called a one-sided story -- a story in which Olympic medallist Shawn O'Sullivan alleged he was beaten and Tasered while being arrested last November.

You decide

The story also included a statement received via e-mail from city police and a brief comment from Deputy Chief Paul Vandegraaf.

During Wednesday's police service board meeting, the chief said while O'Sullivan is free to give his account of the incident, the force is restricted in what it can say because the matter is before the courts.

On Thursday, The Intell asked residents for their opinions on the issue.

Gilbey said if someone in the community informs the media they were unjustly treated, the media should be allowed to inform the public.

"They're perfectly welcome to banter back too," she said, referring to the police.

Carla Robinson said the newspaper shouldn't feel pressured into killing a story solely because the police couldn't provide sufficient information to clarify what happened.

"As long as you made an attempt to get a response -- If they choose not to respond, then it's the police's fault," she said.

"This is his (O'Sullivan's) story," she added. "He had the right to tell it and you had a right to report it."

Gerry Bongard agreed, saying when news happens, the paper shouldn't have to wait for clearance from the police to inform its readers.

"If you have news and bring it to the forefront, then it will hasten the true story," he said.

He pointed out the story had already aired on Global TV Sunday, two days before the Intell's story was published.

"It's an old story that you were printing," he said. "Technically, I don't know why you have to wait. I don't think the paper actually slandered anything about the police."

He said although the story was "one-sided," it didn't have any malicious intent to attack the police.

He added it is the chief's job to fire back at the paper in the defence of her officers.

"She's doing her job," he said. "She's protecting her officers."

Anil Vadhera agreed, saying it is natural the chief would speak out against the story.

But, he said, the public deserves to know what is happening behind the scenes to avoid coverups.

"People should know what's going on, so neither the cops can take advantage nor the public," he said. "Everything should be fair.

"It was right to put it in front of the public."

He said as the case unfolds in front of the court, more information will be unearthed.

One man, who wouldn't give his name, said the decision to release the story appeared to be a spur of the moment editorial decision.

He said The Intell could have held the story until the paper had all the facts. He said such editorial decisions stem from the shortage of staff plaguing the paper.

EDITORIAL: Police political two-step

January 21, 2010
The Intelligencer

Belleville Police Chief Cory McMullan seems to be mastering the political two-step of blaming the media quite adeptly.

Her most recent performance took place Wednesday at the police services board meeting in response to The Intelligencer's Tuesday story documenting Olympic medallist Shawn O'Sullivan's claims he had been beaten and Tasered by Belleville police officers.

In her report to the board, McMullan started by saying "Freedom of Information legislation and the fact that this case is currently before the courts really restricts the Police Service from releasing further information."

That, however, didn't stop her from continuing to comment.

"The Belleville Intelligencer printed their story without the benefit of following the Justice process where they would have been provided the benefit of hearing this case, the details of the investigation with testimony under oath. Covering the case in court would have allowed the Belleville Intelligencer access to all accounts of the incident.

"The impact of this story, in the manner which it was covered, has had on the victim, the Justice system (including admissibility of statements), the Police Service and the community at large is unknown."

She later says, "I guess my concern with the coverage issue is you can walk in to the Belleville Intelligencer and you can provide a story without receiving information -- whether it's due to restrictions or not further investigation being completed -- you're presenting one side of the story. There's individuals who are going to read the front page of The Intelligencer and take that as fact as to what happened."

Of course, what the chief neglects to mention is that it took her force seven weeks to let the public know that O'Sullivan had been arrested. Why? It is inconceivable they didn't know who he was. So why no release about his arrest? To protect his privacy? Seems ludicrous to us but who knows.

Further, in light of numerous national and local stories about use of Tasers, why did the police not see fit to let the public know their officers had used them?

The fact is the force, instead of taking the initiative to inform the public what was going on, chose to play duck and cover, then slammed the media for finding their hiding place.

And the chief -- who has been down this road at least twice already in the short time she has been in charge here -- appears to be taking the approach of trying to hide anything that might make her department look bad, then fire at the media when we find out.

Maybe the chief should spend more time looking behind her own Big Blue Wall and less time Tasering the messenger.

Police bash The Intell

December 20, 2010
W. BRICE MCVICAR, THE INTELLIGENCER

The Intelligencer has cast the city force in a bad light by reporting only one side of a story, says Belleville's police chief and police services board members.

A number of board members took time during Wednesday's police services board meeting to question an article in Tuesday's Intell in which Olympic medallist Shawn O'Sullivan alleged he was beaten and Tasered by officers while being arrested last November.

The story included O'Sullivan's version of his arrest, a statement received via e-mail from city police and a brief comment from Deputy Chief Paul Vandegraaf.

McMullan said because the matter is before the courts, the force is restricted in what it can say. O'Sullivan does not have the same restrictions, she added.

"I can and will say that the victim's and police version of the events is substantially different from Mr. O'Sullivan's," the chief said.

Reading from a report, McMullan added, "The Belleville Intelligencer printed their story without the benefit of following the justice process where they would have been provided the benefit of hearing this case, the details of the investigation with testimony under oath. Covering the case in court would have allowed the Belleville Intelligencer access to all accounts of the incident.

"The impact of this story, in the manner which it was covered, has had on the victim, the justice system -- including admissibility of statements -- the police service and the community at large is unknown."

Marg Wagner, vice-chairwoman of the board, said she has complete confidence in the city's police service and its officers.

"Unfortunately, I believe that this has had a detrimental impact," she said of the story.

Board member Allan Vanclief also criticized the newspaper, saying The Intelligencer should have waited before reporting the story.

"Let's get the facts right before we put information in the paper," he said.


Frank Chapman said it is disappointing to see the police service "challenged" in the media. He described the story as a disservice to the community.

"The fundamental concern is, when we challenge a service to the community like the police service, what we are, in fact, doing is undermining our own community," Chapman said. "I worry that this is not going to be an isolated incident but it will become another front page response by somebody for purposes other than the welfare of the community."

McMullan said she too believes the story could be detrimental to the community.

"I guess my concern with the coverage issue is you can walk in to the Belleville Intelligencer and you can provide a story without receiving information -- whether it's due to restrictions or not further investigation being completed -- you're presenting one side of the story," the chief said. "There's individuals who are going to read the front page of The Intelligencer and take that as fact as to what happened."

Mayor Neil Ellis, however, pointed out it was the Global Television program 16:9 that first aired a segment with O'Sullivan making the claim.

"I think if you read between the lines it's up for the educated person to decide," Ellis added.

Boxer says he was beaten - BELLEVILLE POLICE: Have much different version of Shawn O'Sullivan's story

January 19, 2010
LUKE HENDRY THE INTELLIGENCER

Retired boxing champion Shawn O'Sullivan says Belleville Police beat and Tasered him before charging him for assault and mischief.

"This is totally wrong. This is totally unjustified. It's obscene what they did," Sullivan, 47, told The Intelligencer Monday.

Police, however, said the former boxer was drunk, combative and resisted arrest.

The allegations of both O'Sullivan and police stem from a Nov. 28, 2009 incident behind a Coleman Street address.

The former Olympic medallist has made several public appeals for the return of 10 or more rings, including his two world championship rings, stolen during a May 12, 2007 break-in to his home.

O'Sullivan said Monday he'd been following a lead on the rings' location last November. While on the way home from a bar, he said, he spotted a man with whom he had earlier been talking about his rings.

The former boxer said the man's house was on the next street from where the boxer stood, so he walked into the backyard.

"It's dark now," he recalled thinking. "I didn't want to scare him. I said, 'Yo, bro!' just to get his attention."

But as soon as the man rose, O'Sullivan said, the man's body language seemed to indicate he was angry.

"Next thing I see him ... running at me," he said. "I thought, 'Aw, no. He's going to punch me.' Sure shootin' -- he punches me on the right eye." O'Sullivan said he returned the punch and the man ran inside to phone police. Two police officers soon arrived.

"I had my hands up, more or less (saying), 'Hey boys, how's your night?' at which they don't respond," said O'Sullivan. Instead, he said, the officers twisted his arms behind his back, holding his wrists above his shoulder blades and threw him to the ground. "They held me down and start stomping on the backs of my thighs and my calves," he said, adding one officer then grabbed the hair at the back of his head, then slammed his forehead onto a wooden post.

He said the officers by that point had yet to speak to him, and though he hadn't resisted, O'Sullivan said he was eventually told to "stop resisting." O'Sullivan said one officer held him upright while another stepped in front of him while holding a Taser-like device. "I said, 'Why are you doing this? What's going on here?'" he said. The weapon appeared to misfire on the first try. O'Sullivan said its prongs lodged in his shirt but no real shock followed. The officer collected the prongs, stepped back, reloaded and fired again, according to O'Sullivan.

As the weapon shocked him, O'Sullivan said, he thought of Robert Dziekanski, who in 2007 died after being shocked repeatedly with a similar device wielded by Royal Canadian Mounted Police officers in Vancouver.

"The Taser was sending electric shocks through me. You saw Dziekanski. I didn't want to give these little bastards the benefit of seeing me like that," he said. "This Taser was not going to beat me. I was standing upright, tight as a board."

After being shocked he was placed in a headlock by a cop who "flips me over his back, and then they start stomping me again," O'Sullivan said.

He claimed his head was again hit against an object.

He said he still suffers from knee and joint pain as a result of the incident, though his facial injuries have healed.

The official police version of the encounter differs substantially from O'Sullivan's account. A police press release said officers responded to a disturbance reported at 8:06 p.m. "The victim reported he had been punched in the face by the suspect and the rear door had been damaged as a result of the suspect forcing his way into the residence," said the release, identifying the suspect as O'Sullivan and placing him at the rear of the home.

"Mr. O'Sullivan showed signs of intoxication and was in an agitated state," said the release. "When approached by police he refused to comply with their verbal commands and took a combative stance with police. "After further attempts to communicate with Mr. O'Sullivan the conducted-energy device was deployed," it said, adding that "throughout the arrest he was physically resistant."

Taser is a brand name for one conducted-energy device.

The release said the boxer was taken to the police station, where he was examined by Hastings- Quinte Emergency Medical Services staff, who told police no further medical treatment was required.

O'Sullivan was charged with assault and mischief and released pending a Feb. 11 court appearance.

Belleville Police Deputy Chief Paul VandeGraaf declined to discuss specifics of the case Monday. "There's a criminal investigation and it's before the courts, so we're really limited as to what we can talk about on that one," he said. "So any facts we release to you may jeopardize the court case."

"I can tell you that Shawn O'Sullivan's not put in an official complaint with us, but that's about all we can talk about," VandeGraaf added.

O'Sullivan said he will "of course" file an official complaint, but doesn't know the process. He said the report of his allegedly damaging the door and entering someone's home is "pure bunk."

He has said publicly that he suffers from brain damage caused by his boxing career; the injury results in slurred speech, memory problems and more.

O'Sullivan was also quick to note he had been drinking alcohol before the incident but wasn't out of control. "Was I drunk? Honest to God, I may have -- if there was a Breathalyzer -- blown over (the legal limit) to drive. But was I out of my mind inebriated? Never. I'm never going to wanna be seen outside in a drunken state. Because people will talk, and who the hell wants to hear stories of a drunken ex-fighter? I've got children -- I don't want to disgrace them."

O'Sullivan added he knew if he resisted police he'd only end up in deeper trouble.

He acknowledged he had dealt with police in the past but said he does not have a criminal record.

Asked why he didn't discuss the case until a Global News television interview Sunday, O'Sullivan said he didn't have an answer except that he was being asked questions and it seemed an appropriate time to mention the case.

But he again maintained his innocence.

"I don't want to fight with anyone anymore. I've had a lifetime of that."