Testimony at Myles Gray inquest puts spotlight on Vancouver Police Union

Testimony from several officers at a coroners’ inquest into the death of Myles Gray during confrontation with Vancouver police is raising new questions about their union.

Gray, 33, died in the back yard of a home on the Vancouver-Burnaby border on Aug. 13, 2015.

Several officers have now told the inquest that they were told not to take notes about the incident at the direction of the Vancouver Police Union.

Present at the time, according to some of the officers, were union representatives Tom Stamatakis and Ralph Kaisers.

“It feels to me as if the union and its officers are putting the interests of the members ahead of everything else,” Lawyer Ian Donaldson, who represents the Gray Family, told Global News on Friday.

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During Thursday’s proceedings, Const. Josh Wong testified that a senior member of the force who was acting as a union representative told him not to record any handwritten notes about the fatal confrontation. Wong told the inquest he couldn’t remember who the person was but that it was not VPU president Ralph Kaisers.

During testimony Friday, Const. Derek Cain suggested he had recieved similar instructions from Tom Stamatakis.

“Your best recollection is that was an instruction from Tom Stamatakis?” Donaldson asked.

“It’s a recollection but I’m not 100 per cent confident,” Cain replied.

Const. Beau Spencer, another officer at the scene the day of Gray’s death also testified Friday that he had been instructed not to take notes.

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Former B.C. Solicitor General Kash Heed told Global News the testimony raises serious concerns.

“If that individual is a police officer, whether they’re part of the command structure within the Vancouver Police Department or part of the union – which has no supervisory authority over the members of the department – that counselled them to commit a disciplinary default under the Police Act, that is very significant here because that is neglect of duty.”

Constables Beau Spencer, Hardeep Sahota, Josh Wong, Kory Folkestad, Nick Thompson, Derek Cain and Eric Birzneck are currently facing a Police Act investigation for alleged abuse of authority related to use of force in Gray’s death.

The same officers, with the exception of Birzneck, are also facing an investigation on allegations of neglect of duty for failure to take notes and file reports related to the death.

In the wake of this week’s testimony, Global News asked the Office of the Police Complaints Commissioner if Stamatakis and Kaisers were also under investigation.

“Confidentiality provisions contained in the Police Act prohibit the OPCC from disclosing that an investigation has been or may be initiated,” Deputy Police Complaints Commissioner Andrea Spindler said in an email.

1:36 No timeline for disciplinary investigation into actions of VPD officers at Myles Gray inquest

“Proceedings such a hearing before a retired judge may occur once the Discipline Proceeding is concluded.

Stamatakis and Kaisers have not responded when directly asked if they told officers not to take notes.

The Canadian Police Association, of which Stamatakis is currently president, responded that “out of respect for the ongoing inquiry taking place, Mr. Stamatakis will not be offering comment on this matter until the conclusion of the process.”

Neither Stamatakis nor Kaisers are on the coroner’s inquest witness list.

The inquest, which is slated to hear from 41 witnesses, is expected to conclude next week.