B.C.’s Office of the Police Complaint Commissioner is looking into a ruling that cleared two brothers of assaulting a Vancouver police officer following a traffic stop in 2018.
Deputy commissioner Andrea Spindler said she has not seen the ruling or the video, but as a result of the Global News report the watchdog is now looking into whether to launch an investigation under the Police Act to determine if police gave misleading testimony.
“I think it’s really important for the OPCC to pay attention when a judge makes adverse comments relating to the credibility or the truthfulness of an officer’s testimony,” Spindler said.
Brendan and Troy Robinson, as well as a third man, had been driving through a restricted area of Granville Street just before 10 p.m. on Oct. 9, 2018, police said at the time.
A brawl ensued between Brendan Robinson and Const. Tomas Graham, who said he was pulled into the suspect’s SUV, resulting in serious injuries, including a broken nose and orbital bone, plus a concussion.
Cellphone video surfaced, showing part of the brawl between Brendan Robinson and one of the officers.
At the time, a Vancouver Police Department spokesperson said the officers were defending themselves.
However, on Monday, a B.C. provincial court judge dismissed all charges against the Robinsons because of further video that had been shot by Troy Robinson.
The judge said Brendan Robinson had been the one to defend himself and shouldn’t have been arrested, adding that the testimony of the two police officers in the case was unreliable.
Vancouver police said they have asked the watchdog to conduct a Police Act investigation in response to the ruling.
The BC Prosecution Service said it is reviewing the reasons for judgment to determine next steps.
B.C.’s Public Safety Ministry has not yet responded to a request for comment.