The Office of the Police Complaint Commission will hold a public hearing to re-examine allegations that an Abbotsford police officer convicted of assault lied about the incident to an investigating officer and in a duty report.
APD Const. Adam Russell Page was found to have used excessive force when he pushed a shoplifter into a wall during an arrest at London Drugs in September 2009.
Page will face two allegations of deceit and one allegation of abuse of authority during the proceeding.
The APD previously undertook an internal investigation and substantiated the claim Page used excessive force, but dismissed allegations the officer had lied.
The OPCC reviewed the APD's internal investigation and discipline proceedings and decided there is a reasonable basis that the department's decision about the allegations of deceit are incorrect and a hearing is in the public interest.
The APD's professional standards section originally sent a report to the OPCC in April 2010 indicating Page had pushed a suspect into a wall with enough force to dent the drywall, and that he had yanked on the man's arm causing him pain.
Following an ensuing criminal investigation and charge of assault, Page pleaded guilty and was handed a conditional discharge and one year's probation in April 2012.
The APD's discipline proceeding took place soon after on May 23, 2012.
But no witnesses other than Page and the investigating officer Staff Sgt. Carl Vreeman were called to present evidence.
Vreeman had recommended both a count of abuse of authority and two counts of deceit.
On July 26, 2012, Abbotsford Chief Bob Rich agreed with the charge of abuse of authority but dismissed the charges that Page lied.
However, the OPCC is reviewing the allegations that Page knowingly submitted misleading or false written statements in a duty report.
It's alleged Page lied about asking the 37-year-old shoplifter to stand up and said the suspect had tried to pull away from the officer.
In the report Page also suggested that during the incident he stepped on the suspect's calf and lost his balance, inadvertently pushing the man into the wall.
He also wrote that he told the Sergeant on duty that the suspect wanted to talk to him about the incident and that the surveillance video from London Drugs should be seized and the wall photographed.
It's also alleged that Page lied in an interview with Vreeman about the use of force incident.
Page suggested that superior officers later told him the suspect did not want to complain and it was a "dead issue."
The officer also told Vreeman he contacted the loss prevention officer at London Drugs to inform her that the APD would come to the store to photograph the damaged wall and to get the video and a statement.
Stan Lowe, head of OPCC, said a public hearing was necessary as the incident was a breach of trust and to maintain public confidence in the police and the discipline process.
Lowe also stated it was necessary to talk to all the witnesses present at the assault and obtain evidence that was not part of the record at the APD discipline hearing.
During Page's criminal sentence, court heard that Page resorted to excessive force, as he was frustrated because the suspect was lying to him.
The man didn't require medical attention after the assault and didn't launch a complaint after the incident.
The assault and resulting investigation came to light in April 2010 after a conversation between a junior officer in attendance at the incident and a superior officer.
Ian Pitfield, a retired B.C. Supreme Court Justice, will preside as the adjudicator for the public hearing.
A date for the hearing has not yet been set.