Mountie gets off for slaying drunk kid in custody.

[altiplano]

What a joke this police force has become. Investigating their own in these circumstances has to stop. I don't think anyone who has followed this story believes what the killer says happened and the RCMP doesn't care enough to conduct a real investigation to find out. The guy running the inquiry didn't even go to the town where it happened.

VANCOUVER - Paul Kennedy, chair of the commission for public complaints against the RCMP, says the Mountie who shot and killed B.C. millworker Ian Bush after arresting him outside a hockey rink for a misdemeanor acted in self-defence.

But Kennedy nevertheless launched an inquiry Thursday into the public perception the force has inadequately investigated such in-custody deaths over the last five years.

Releasing his 106-page report into the Oct. 29, 2005, tragedy at the Houston RCMP detachment, Kennedy said the North District Major Crime Unit conducted a highly professional investigation "free from any manner of conflict of interest, bias or partiality" into the slaying.

He also concluded that Constable Paul Koester feared for his life during the altercation that erupted while he was charging the 22-year-old Bush for having an open bottle of beer and giving police a phony name when questioned about it.

"After carefully considering the circumstances, I concluded that Constable Koester had a reasonable apprehension of death and believed that he could not otherwise preserve himself from death other than to use lethal force," Kennedy said. "Accordingly, Constable Koester acted in self-defence."

He maintained the public had seriously misunderstood what occurred both at the scene and in the police investigation, which was why he is going to look at a sample of in-custody death or serious injury incidents involving the RCMP across Canada in an effort to restore confidence in the national force.

Kennedy noted several serious problems with the investigation into the shooting and made nine recommendations he thought might prevent such incidents in future - the most salient that recording equipment be installed in areas where prisoners and police interact.

He said he hoped the report would improve policing across Canada and help the Bush family with their healing process.

But mother Linda Bush sat listening to his media conference shaking her head. She said he could have had the courtesy to talk to the family before releasing his report and should have visited Northern B.C. to see first-hand the relationship between the Mounties and residents.

She said the report continues the whitewash about her son's killing and the family will never get answers.

"There is no justice for Ian," she said. "There has only been one investigation and that was by the RCMP and that is the only story we have ever heard."

The 28-year-old Koester, who had been stationed in the small Interior town and on the job for barely five months, says Bush sucker-punched him while being booked in an interview room.

Koester, who stands 6-4 and weighs 180 pounds, insisted the six-foot, 187-pound laborer was atop his back choking the life out of him when he managed to free his gun.

In a physical feat even RCMP investigators conceded was worthy of a contortionist, the Constable got the gun behind his own back, up to the back of Bush's head and shot him.

He refused to reenact what happened for investigators and the coroner's inquest that was held earlier this year.

The Bush family believes it happened the other way around - with Koester atop Bush pistol-whipping him when his service pistol discharged.

They feel the RCMP investigation into the killing was little more than a coverup and that other agencies such as the coroner's office have shown no enthusiasm for truly trying to find out what happened.

They have raised numerous concerns with the police-work - for instance, it took investigators three months before detectives conducted a face-to-face interview with Koester and even then, they provided him with a copy of their questions in advance.

Linda Bush said the complaint commissioner sounded like an apologist for the RCMP.

Kennedy conceded Staff Sgt. Rod Holland, the senior Mountie on the scene, failed to make adequate notes and needed "appropriate operational guidance."

And he criticized Constable Darren Woroshelo, who was Koester's mentor, for talking with his protégé in private immediately after the shooting.

Kennedy said such conduct "is directly related to the issue of impartiality of the police investigating the police, an issue that is at the forefront of public concern." Woroshelo was directly involved in the decision to arrest Bush and take him to the station, Kennedy said, so he had "an obvious vested interest in the outcome....

"Regardless of actual impropriety, this type of situation invites dangerous speculation about whether or not Constable Woroshelo conspired with Constable Koester in regards to what occurred."


His report also appeared to contradict evidence heard at the inquest - he says in his report Koester failed to locate a full unopened bottle of beer Bush was carrying.

As a result he says Koester should not have been promoted from field training while the investigation into the incident was under way.


"The [RCMP] Commissioner agreed that Constable Koester receive operational guidance and/or refresher training regarding the need to conduct thorough searches of prisoners," Kennedy said.

But at the inquest, police and civilian witnesses were unable to explain the origin of the unopened beer found at the scene of the struggle.

And although he tried to emphasize the force was being unfairly maligned, he acknowledged the Mounties won't admit they've got so much as an image problem.

"The Commissioner's refusal to recognize the existence of the perception of a lack of impartiality in this situation is unfortunate and fails to enhance public confidence in the ability of the police to investigate the police," Kennedy concluded.

RCMP Commissioner William Elliott in an eight-page letter responding to Kennedy's findings said he would implement most of the recommendations.

But he took issue with the suggestion visual and audio recording equipment be installed in all areas where prisoners are dealt with and released as not absolutely necessary.

And he didn't think the force needed a new communications strategy that emphasized more openness with the media and the public.

Kennedy disagreed: "Had Constable Koester dealt with Mr. Bush in the Houston RCMP Detachment cell block and had the events been recorded on videotape, this would have dramatically reduced the public outcry and negative perception about the RCMP that have stemmed from Mr. Bush's death while in RCMP custody," the complaints commission chair said.

He said more transparency about the process of investigating the incident would also have prevented much of the public controversy.

Kennedy said his new inquiry would look into:

.whether the RCMP members involved in these investigations conducted them free of actual or perceived conflict of interest, whether they responded appropriately and proportionately to the gravity of the incident, whether they responded in a timely fashion and whether their conduct adhered to the standards set out in the RCMP Act;

.whether these same RCMP members complied with all appropriate policies, procedures guidelines and statutory requirements for such investigations;

.and whether existing RCMP policies, procedures and guidelines are adequate to ensure that fair, effective, thorough and impartial investigations are carried out by RCMP members when investigating fellow RCMP members. imulgrew@png.canwest.com

Recommendations:

1. The RCMP amend its field training evaluation procedures to ensure that the final field evaluation of new members is not concluded until all outstanding member investigations, of a serious nature, are concluded.

2. Operational guidance and/or refresher training be provided to Constable Koester regarding the need to conduct thorough searches of prisoners.

3. The RCMP install automated CCTV recording equipment in every RCMP detachment in areas where prisoners are dealt with and released.

4. The RCMP immediately retrofit the Houston RCMP Detachment to incorporate a separate area within the cell block in which to deal with prisoners and from which to release them.

5. The RCMP amend national policy to require that prisoners be dealt with and released from the cell block in all RCMP detachments.

6. The RCMP retrofit RCMP detachments that do not have a separate area in the cell block in which to deal with prisoners and from which to release them.

7. The RCMP develop policy that provides direction to on-scene RCMP members in major cases involving investigation of police conduct, i.e. situations where the police investigate the police, including the need to ensure real and perceived impartiality.

8. The RCMP develop a policy that dictates the requirement, timeliness and use of the duty to account that members are obliged to provide.

9. The RCMP develop a media and communications strategy specifically for police-involved shooting investigations that recognizes the need for regular, meaningful and timely updates to the media and to the public.

In addition, the media and communications strategy should include a publicly available general investigative outline of the steps to be taken and the anticipated timeline for each step.

[Cat Driver]

In a physical feat even RCMP investigators conceded was worthy of a contortionist, the Constable got the gun behind his own back, up to the back of Bush's head and shot him.

He refused to reenact what happened for investigators and the coroner's inquest that was held earlier this year.

[Dex]

I was just about to post this, even quoting the behind the back paragraph. What an outrage!! The obvious gross injustice in this event should create a severe civil reaction, but unfortunately will likely see any real resistance. What a sad day for Canadian citizens.

[Driving Rain]

Where was P. Koester's taser?

What an outrage, my heart goes out the the Bush family. I can only imagine how I'd feel if we were Ian's father, knowing who murdered your son and those with the authority to bring the family justice perverted it.

[Cat Driver]

Canada should be on the verge of civil revolt when you look at how the authorities are acting....did you see that arrogant motherfu.ker from the customs and immigration gang on TV telling the media they would not answer questions.

yup, its getting time for an overthrow of this corrupt regime.

The problem is how do we do it?

[Dex]

If you can send a copy through Canada Post to the above Representatives. Letters through Canada Post can have a bigger impact with enough volume; especially this time of year. Spread the word and encourage others to snail mail and email their Representatives.

[Cat Driver]

Every police killing should be investigated by a civilian investigative body immediately after the killing......not by the police months after the killing when they have lots of time to spin the facts.

I personally do not trust their investigations....in fact I don't believe them period.

[Mr. North]

This has me pretty pissed too. Thanks for those links cpl_atc, I emailed them all.

[Cat Driver]

“The public doesn’t have a right to know anything.”

The customs and Immigration people have the same attitude.

TCCA has the exact same attitude.

Those who who are sworn to protect the public seem to think they are above the law.

Frightening isn't it.

[Walker]

Well of course, they've had a long and colorful history of covering these sorts of things up:

http://www.martlet.ca/view.php?aid=39949

[the_professor]

Paul Koester. This is the piece of human garbage that murdered Ian Bush.

And this is the organization that helped him cover it up:



When do we redesign the back of our $50 bill?

[trey kule]

I am going to try and add a little balance to this thread.

Most of the information everyone here is basing their opinions on is from the media's interviews of the vicitms relatives....30 second soud bites meant to cause emotion.

Then the media's intrepretation of all the proceedings, and the edited sound bites of the force.

I am always surprised that so many in the aviaition business condemn the media for inaccurate reporting on aviaition issues and then believe everything they hear and read.

It seems inevitable to me that the RCMP had to take a defensive strategy in these cases. If the officer had been shot there would have been a huye and cry..they seemed to be damned if they do and damned if they dont.

Flame away.

[Driving Rain]

Canada needs one of these...
http://www.ipcc.gov.uk/
In the United Kingdom the Independent Police Complaints Commission or IPCC promptly investigate independently of all police services when ever the cops are percieved to be out of line or there is a death at the hands of the police.

[albertdesalvo]

No witnesses, as they were alone in the detachment.

Hmmm..... well, the kid was alone. I'm sure the cop had a few buddies around.

[BoostedNihilist]

.

[Dex]

Let me say this again. Take 5 minutes: copy and paste the above template, print it-sign it, put it in envelope, stamp, and snail mail it. It will have more weight than email!

[Hedley]

The government doesn't care what you think. Don't bother.

[Cat Driver]

The government doesn't care what you think. Don't bother.

Sad but true....

I wonder what the answer is? Insurrection?

Or should we just mimic them and ignore the law?

[Dex]

Ahhh "Resignation", a quality pilot virtue!!!


Whether my government cares what I think or not would not change my response to what I perceive as corruption in the RCMP. I would still write my representatives to state my displeasure. Just because my government may fail in their duties does not mean I should as well. To suggest we mimic them and disobey law empowers corruption and tyranny!! If your not part of the solution you are part of the problem!

[Cat Driver]

Ahhh "Resignation", a quality pilot virtue!!!

Let me help you out here Dex, first off I am not a pilot.

Second, you should go back to school and learn to read.

To suggest we mimic them and disobey law empowers corruption and tyranny!! If your not part of the solution you are part of the problem!

I was posing two questions, not making suggestions.

[Dex]

Ahhh "Resignation", a quality pilot virtue!!!

Let me help you out here Dex, first off I am not a pilot.

Second, you should go back to school and learn to read.

Wasn't really responding to you when I wrote it.

To suggest we mimic them and disobey law empowers corruption and tyranny!! If your not part of the solution you are part of the problem!

I was posing two questions, not making suggestions.

I know you were.

[BoostedNihilist]

.

[trey kule]

boosted.....wrote

Your position does nothing to add to this argument one way or the other. Take a position, get off the fuckin post! (the fence post).

Firstly, I do not have an opinion. I simply dont have the facts. My point was to bring up the issue that the newspaper and TV are not the most reliable sources to use to condemn this RCMP officer...look at the comments and the picturers from some of the posters.

I would give you alot more credibilty if you could express yourself without the childish profanity and the personal attack on myself.

[Wilbur]

I think a big problem here is that many of the usual cop haters immediately made up their minds that the cop was guilty of wrongfully shooting Bush and, now, no amount of evidence to the contrary is going to change your minds.

You couldn't understand how Bush could be shot in the back of the head in self-defence. Well, at 6'4" I would bet the cop has a fair reach and with Bush's head turned it is clearly possible for him to be shot in the back of head while choking the cop from the rear. Today's Post has illustrations that show how it was done.

Some claimed the physical and blood splatter evidence was not consistent with the cops version. This is simply not true, as stated by the independent police complaints commissioner. The physical injuries to the cop, the marks on Bush's head, and the damage in the room are all consistent with the cop's statements. The blood splatter evidence was also found to be consistent with the constable's story, as well as other possible scenarios. The blood splatter expert, whose testimony was paid for by the Bush family, was found to not be an expert in this type of case, and his assertion that the blood splatters were not consistent with the cops story were based on false assumptions.

The timelines in which this incident unfolded, radio communications were made, back-up was on scene, initial conversations recorded, and photos taken are all very tight. The notion that this cop shot Bush, concocted a story and staged a crime scene within minutes is unbelieveably ludicrous.

Someone complained that Bush's body had remained at the scene for 24 hours, unrefrigerated, inferring that this somehow tainted evidence. To the contrary, if anything, this suggests a very thorough collection of evidence was undertaken. There is no need to remove a body quickly from a crime scene. The recent gangland mass murder in Surrey provides a good illustration of this. In that case, the bodies also remained at the scene for well in excess of 24 hours. Had Bush's body been removed quickly, then there would be an argument that it was done for the purpose of loosing evidence.

Some here have determined that the cop's choice to seek legal advice before providing a statement somehow infers he is guilty of wrongdoing. Well guess what, he has the same Charter rights as the rest of us and exercising those rights is not an admission or inference of anything. Ironic that many here who are quick to judge this cop for not answering questions are the very same people who routinely advocate that nobody should ever answer questions from cops, TC enforcement, etc. This cop exercised his constitutional right to say nothing until after he had obtained legal advice. Why wouldn't he? Like the rest of us, he had little to gain by talking to the investigators, and everything to lose. If anything, his refusal to give a statement is evidence that he, and likely his cop friends in the detatchment all knew the North District Major Crimes Unit would be conducting a thorough, unbiased and vigorous investigation.

I agree that the RCMP investigating themselves gives rise to the perception of bias. But keep in mind that their investigation was reviewed by the New Westminster Police Service, the Coroner's inquest, Crown Counsel, and the Police Complaints Commissioner. All of those agencies have no direct connection to the RCMP, and I don't recall hearing any of them raising questions about an incomplete investigation or unanswered questions. What questions remain that investigation by any other agency could have answered?

As for the RCMP media cop stating the public "doesn't have the right to know." If those were his words, it's not a very tactful statement, but it is the truth. The public (media) doesn't have the "right" to know the details of a police investigation beyond what is provided for by the FOI Act. It all becomes public info once a case goes before a court, an inquest, or public commission.

Bush attacking the cop is completely consistent with his documented behaviour. He was well known to police and the community for his acts of vandalism, evading police, public drunkeness, wreckless driving, drunk driving and violence. His own friends described him as a guy who liked to get drunk and bar fight. He had a blood alcohol content of .17 which made him significantly impaired, and people with violence issues are generally more prone to violent behaviour when under the influence of alcohol.

Having read the Commissioner's report, I'm quite satisfied that Bush was the author of his own misfortune.

[Wilbur]

As a matter of fact, a couple of us at work did successfully replicate how Cst Koester claims he shot Bush. It wasn't difficult at all, and neither of us are remotely close to having the reach someone of 6"4" probably has.

Having the questions police would like answered submitted to your lawyer, and then answered with assistance of counsel, is the norm for any half wit with enough intelligence to exercise their right to not say anything when first questioned. The fact that the answers came several weeks after the event is not that important. What is important is that they were consistent with the physical evidence found and recorded at the scene, and with his initial ramblings in the minutes immediately following the incident. At the end of the day, he wasn't actually required to say anything to the investigators, but did so voluntarily.

Other than the optics of the RCMP investigating the actions of one of their own, what procedural errors were made in the conduct of the investigation? What questions of fact have not been answered that some other investigating agency could have answered? What evidence appears to be missing, not collected, tampered with, or destroyed?

There is a difference between real and percieved bias. The practice of the RCMP conducting their own investigations absolutely gives the perception of bias, and sometimes it may even be real, but that doesn't automatically make it so in this case.