A police conduct board has decided not to recuse itself from a hearing for three British Columbia RCMP officers who are facing possible dismissal over alleged racist group chats.
Wes Dutcher-Walls, a defence lawyer for Coquitlam RCMP constables Mersad Mesbah, Ian Solven and Philip Dick, had argued this week that the three-member panel should be replaced over “real or perceived” bias against the officers.
Dutcher-Walls said Wednesday that emails between board members and staff referred to his clients as the “three amigos,” a term he said showed a pattern of dismissiveness and skepticism toward the officers.
But the panel has rejected the recusal request, saying the burden for establishing bias rests with the party making the allegation.
The panel says it is presumed in law that a tribunal member will act fairly and impartially, so the threshold for finding a real likelihood of bias is high.
It concluded Friday that the RCMP officers “failed to present cogent evidence that would displace the strong presumption of judicial impartiality.”
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“We find further that a reasonable and informed person … having thought the matter through, would conclude that it is more likely than not that we will decide the matter fairly,” the panel told the hearing.
“Each of the members of this conduct board has determined, in their own minds and conscience, that they are impartial and have and continue to approach this matter with an open mind.”
The next hearing in the matter has been set for Monday.
John MacLaughlan, a lawyer for the RCMP conduct authority, had previously said the use of “amigos” was innocuous, not derogatory, and the defence was making a “desperate” 11th-hour manoeuvre to argue issues that had already been decided.
Mesbah, Solven and Dick came under scrutiny after a fellow officer complained of “atrocious” behaviour in a police group chat on the encrypted messaging apps WhatsApp and Signal in May 2021.
The group chats on their personal phones and other communications on RCMP mobile data terminals allegedly show the officers exchanging inappropriate messages indicating racist and misogynistic attitudes.
An RCMP search warrant document alleges the officers demeaned a Mexican sexual assault victim and made jokes about “Tasering unarmed black people.”
The code of conduct hearing began Monday, and all three officers denied allegations of workplace harassment and discreditable conduct.
— With files from Darryl Greer
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