MISSISSAUGA, ON, May 21 /CNW/ - The Director of the Special
Investigations Unit (SIU), Ian Scott, has concluded that there are no
reasonable grounds to believe that a York Regional Police Service officer
committed a criminal offence in relation to the injuries suffered by a 38 year
old man in April.
The SIU assigned four Investigators and two Forensic Investigators to
probe the circumstances of this incident.
The SIU investigation determined that on Saturday, April 18th, 2009 at
10:04 a.m. a York Regional Police Service officer was investigating two all
terrain vehicles (ATV) that were being operated in the area of Dalton Road and
High Street in Sutton. The officer signalled the ATVs to stop, but the drivers
did not do so. One of the ATVs collided with a tree on Catering Road. The
driver, Henry Biernacki of Toronto, was taken to hospital with head injuries.
The other ATV left the scene.
Director Scott said, "Mr. Biernacki was operating an ATV and was directed
to stop by the officer. He failed to do so, lost control of the ATV and struck
a tree. There is no evidence in the investigation that the subject officer
activated the police car's emergency equipment and/or entered into a pursuit
with the ATV."
Director Scott concluded, "Mr. Biernacki was solely responsible for the
injuries he suffered and accordingly, no criminal liability may attach to the
actions of the subject officer."
The SIU is a civilian agency that investigates cases of serious injuries
(including allegations of sexual assault) and deaths involving the police.
Pursuant to section 113 of the Police Services Act, the Director of the SIU is
mandated to consider whether a criminal offence has been committed by an
officer(s) in connection with the incident under investigation and, where
warranted by the evidence, to cause a criminal charge or charges to be laid
against the officer(s). The Director reports the results of investigations to
the Attorney General.
For further information:
For further information: Frank Phillips, SIU Communications/Service des
communications, UES, Telephone/No de telephone: (416) 622-2342 or/ou