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A new lawyer has taken over the prosecutorial role in the public hearing probing into potential police misconduct in the 2015 beating death of 33-year-old Myles Gray.
A month-long delay disrupted the hearing last month when an open microphone or ‘hot mic’ broadcast a lawyer using a vulgar remark and put the proceedings in jeopardy, forcing him to resign as counsel for the hearing.
The replacement lawyer, Brock Martland, has now taken the reins of the public hearing counsel role, which presents the case of each misconduct allegation against the police officers to the hearing’s adjudicator.
“We’ve done our best to sprint and catch up to the runners on the track ahead of us,” Martland said at the hearing Tuesday morning.
Brad Hickford, who was the original public hearing counsel, resigned over the incident. He said through his lawyer that he did not intentionally make the remark and does not recall doing so, but had listened to the recording and acknowledged it is possible he did so unintentionally.
Martland said he is now trying to achieve efficiency without impairing the quality of evidence or fairness of the proceedings.
He said all participants were able to agree on admissions of fact that removed the need to call a number of witnesses, which he said will “speed along the hearing.”
The hearing is inquiring whether Vancouver Police Department constables Kory Folkestad, Eric Birzneck, Derek Cain, Josh Wong, Beau Spencer, Hardeep Sahota and Nick Thompson abused their authority by intentionally or recklessly using unnecessary force in Gray’s death in August 2015.
Each officer denies the allegations.
Proceedings underway
Martland examined one witness on Tuesday morning, Sgt. Robert Nash of the RCMP who conducted the Police Act investigation into the incident.
Nash described a number of photographs taken at the scene, including ones of an extended baton, pepper spray and Gray’s bruised body.
Nash also described photographs taken of the VPD officers and their injuries sustained in the incident.
Martland read out an admission of facts that included officers on the VPD’s critical incident stress management team and officers part of the Vancouver Police Union, who were previously scheduled as witnesses.
Hearing schedule
Chris Considine, counsel for the Office of the Police Complaint Commissioner, said the hearing schedule has been confirmed for the next three weeks. He added that arrangements are underway to schedule more dates at the end of April and in May.
Martland said he hopes that the “co-operative attitude” shown so far in the proceedings will allow public hearing counsel to wrap up its evidence by March 13.
Martland said the hearing would reconvene after that to address evidence from the police officers’ counsel and then closing submissions.