Globe: Man's family sues for damages after his death in police custody
Post
Saturday, May 27, 2006, Globe and Mail, Man's family sues for damages after his death in police custody, Rod Mickleburgh
VANCOUVER -- Seven months after her son was killed by an RCMP bullet while in police custody, the mother of 22-year-old Ian Bush still has no idea what happened.
Anguished by the RCMP's long silence in the matter, Linda Bush yesterday launched a lawsuit against Constable Paul Koester, who shot her son, as well as against B.C. Attorney-General Wally Oppal and Solicitor-General John Les.
"We are losing heart," Mrs. Bush said over the phone from her home in Houston, 300 kilometres west of Prince George.
"I'm beginning to think we aren't going to receive any more information [from the police]. They keep saying their investigation is ongoing. We are just losing patience."
Mr. Bush died 20 minutes after Constable Koester took him into custody in October for giving a false name to the RCMP officer who found him with an open beer in his hand outside the local hockey arena.
The Bush family's lawyer, Howard Rubin, said he has been told by a coroner and an investigating officer that Mr. Bush was shot in the back of the head.
"I just can't imagine how an intelligent young man like Ian could have ended up in a position like that. The way it happened . . . it's just very, very difficult to accept," Mrs. Bush said.
The RCMP have said little about the case -- which has caused a furor in Houston and raised alarm among civil libertarians -- other than that Mr. Bush died during an altercation in police custody.
The lawsuit, which seeks aggravated and punitive damages, alleges that Mr. Bush, a sawmill worker who helped support his mother, died as a direct result of "the unlawful assault and negligence" of Constable Koester, a rookie officer just five months into his first tour of duty with the RCMP.
Among seven particulars of the alleged negligence, the lawsuit mentioned failure of the officer to secure his firearm with a gun lock; failure to use mace or similar less deadly force; neglecting to turn on the police station's video camera; and dealing with Mr. Bush without involving other officers.
RCMP spokesman Corporal Tom Seaman declined comment on the lawsuit. He said no decision has been made about possible charges against Constable Koester. "The investigation is still ongoing."
He pointed out that a coroner's inquest will be held into the death of Mr. Bush, regardless of whether charges are laid.
Mr. Oppal and Mr. Les are being sued, according to the lawsuit, for "negligent" supervision of the RCMP and because they failed to ensure the police investigation be completed "with urgent dispatch."
None of the allegations have been proved in court.
Under a contract with the province, the RCMP acts as a municipal police force in many B.C. communities, including Houston.
The family's lawyer charged that police have a double standard when they are investigating conduct of other police officers.
"It would never take this long if the person wasn't a policeman. If it was just an ordinary man on the street, it would have taken no time at all for a decision on whether to lay charges," Mr. Rubin said.
"The time has come for an end to the practice of the police investigating themselves."
Mr. Rubin said he had asked Mr. Oppal to appoint an independent prosecutor in the case, without success.
In an interview, Mr. Oppal said he was surprised to be sued by Mrs. Bush. "The RCMP officer was a federal officer and we act for the province. We are not usually defendants in cases involving the RCMP," the Attorney-General said.
Mr. Oppal said there are no grounds to appoint an independent prosecutor until the police have filed a report on their investigation.
"If the investigation is still taking place, there can't be a report. At this point, we don't have anything to indicate there's been any wrongdoing."
He said that he appreciates "the agony the Bush family must be suffering. However, homicide investigations are often very complex."
But Mr. Oppal added that has not changed his view that conduct of the RCMP should be included under the purview of the province's Police Complaints Commissioner.
That was one of many recommendations he made as the head of a government task force on police accountability in the 1990s, while a B.C. Supreme Court judge. The RCMP has so far successfully resisted the move.
Members of the close-knit Bush family, meanwhile, struggle to get on with their lives.
Mr. Bush's sister Andrea said she remains "just overwhelmed" by everything that has happened. "I don't know what to think. I just want to know exactly what took place so I can have a little bit -- I hate the word -- of closure."
She said some of her brother's ashes have been encased in special necklaces. "We wear them all the time."
VANCOUVER -- Seven months after her son was killed by an RCMP bullet while in police custody, the mother of 22-year-old Ian Bush still has no idea what happened.
Anguished by the RCMP's long silence in the matter, Linda Bush yesterday launched a lawsuit against Constable Paul Koester, who shot her son, as well as against B.C. Attorney-General Wally Oppal and Solicitor-General John Les.
"We are losing heart," Mrs. Bush said over the phone from her home in Houston, 300 kilometres west of Prince George.
"I'm beginning to think we aren't going to receive any more information [from the police]. They keep saying their investigation is ongoing. We are just losing patience."
Mr. Bush died 20 minutes after Constable Koester took him into custody in October for giving a false name to the RCMP officer who found him with an open beer in his hand outside the local hockey arena.
The Bush family's lawyer, Howard Rubin, said he has been told by a coroner and an investigating officer that Mr. Bush was shot in the back of the head.
"I just can't imagine how an intelligent young man like Ian could have ended up in a position like that. The way it happened . . . it's just very, very difficult to accept," Mrs. Bush said.
The RCMP have said little about the case -- which has caused a furor in Houston and raised alarm among civil libertarians -- other than that Mr. Bush died during an altercation in police custody.
The lawsuit, which seeks aggravated and punitive damages, alleges that Mr. Bush, a sawmill worker who helped support his mother, died as a direct result of "the unlawful assault and negligence" of Constable Koester, a rookie officer just five months into his first tour of duty with the RCMP.
Among seven particulars of the alleged negligence, the lawsuit mentioned failure of the officer to secure his firearm with a gun lock; failure to use mace or similar less deadly force; neglecting to turn on the police station's video camera; and dealing with Mr. Bush without involving other officers.
RCMP spokesman Corporal Tom Seaman declined comment on the lawsuit. He said no decision has been made about possible charges against Constable Koester. "The investigation is still ongoing."
He pointed out that a coroner's inquest will be held into the death of Mr. Bush, regardless of whether charges are laid.
Mr. Oppal and Mr. Les are being sued, according to the lawsuit, for "negligent" supervision of the RCMP and because they failed to ensure the police investigation be completed "with urgent dispatch."
None of the allegations have been proved in court.
Under a contract with the province, the RCMP acts as a municipal police force in many B.C. communities, including Houston.
The family's lawyer charged that police have a double standard when they are investigating conduct of other police officers.
"It would never take this long if the person wasn't a policeman. If it was just an ordinary man on the street, it would have taken no time at all for a decision on whether to lay charges," Mr. Rubin said.
"The time has come for an end to the practice of the police investigating themselves."
Mr. Rubin said he had asked Mr. Oppal to appoint an independent prosecutor in the case, without success.
In an interview, Mr. Oppal said he was surprised to be sued by Mrs. Bush. "The RCMP officer was a federal officer and we act for the province. We are not usually defendants in cases involving the RCMP," the Attorney-General said.
Mr. Oppal said there are no grounds to appoint an independent prosecutor until the police have filed a report on their investigation.
"If the investigation is still taking place, there can't be a report. At this point, we don't have anything to indicate there's been any wrongdoing."
He said that he appreciates "the agony the Bush family must be suffering. However, homicide investigations are often very complex."
But Mr. Oppal added that has not changed his view that conduct of the RCMP should be included under the purview of the province's Police Complaints Commissioner.
That was one of many recommendations he made as the head of a government task force on police accountability in the 1990s, while a B.C. Supreme Court judge. The RCMP has so far successfully resisted the move.
Members of the close-knit Bush family, meanwhile, struggle to get on with their lives.
Mr. Bush's sister Andrea said she remains "just overwhelmed" by everything that has happened. "I don't know what to think. I just want to know exactly what took place so I can have a little bit -- I hate the word -- of closure."
She said some of her brother's ashes have been encased in special necklaces. "We wear them all the time."
Home