This story incorporates graphic particulars.

A retired decide has discovered 4 complaints towards a Saanich Police officer to be unsubstantiated.

A girl spoke with CHEK News in January concerning the 4 complaints she had filed and her considerations over the dealing with of the case.

The case was initially investigated by one other Saanich Police officer, then the Workplace of the Police Criticism Commissioner finally agreed to have the case reviewed by a retired decide.

Now, retired decide Elizabeth Arnold-Bailey has reviewed the case and located the complaints of Improper Disclosure of Info and Discreditable Conduct are all unsubstantiated.

The officer and complainant met one another via a soccer staff made up of Saanich staff, which is each of their employers.

Within the grievance of Improper Disclosure of Info, the complainant and police officer met in 2017 at a parking zone at Elk Lake.

The complainant alleges {that a} name got here in over the radio a couple of home dispute, and the police officer then disclosed additional data on the matter. She says he advised her the alleged assailant was a former landscaper for the District of Saanich and the spouse commonly calls in home dispute claims.

The officer says she simply heard what was the in name that got here in over the radio and he didn’t disclose any additional details about the case.

The decide wrote that it’s possible she remembered the identify and believed it was a former landscaper for the District. Additional, the decide writes, officers aren’t obligated to stop the general public from overhearing what is claimed over the police radios.

Two counts of discreditable conduct referred to 2 cases the place the officer is alleged to have sexually touched the complainant.

In a single undated occasion, the complainant alleges she went to go to the entrance desk of the Saanich Police Division and the officer got here out and grabbed her butt. The officer says this by no means occurred.

The decide wrote there may be not sufficient proof to substantiate the incident because the safety footage would now not exist.

The second occurred in January 2018, the place the pair met within the parking zone on the nook of Cedar Hill Cross Highway and Shelbourne Avenue.

The complainant alleges the officer came visiting to her automotive, shone his flashlight in, reached in and put his fingers in her vagina for 5 to 10 seconds, licked his fingers then walked away. The ruling notes the complainant doesn’t see this as sexual assault, however was simply involved individuals could have seen.

The officer says when he arrived the complainant had a “humorous” look on her face. When he requested what she was doing, she advised him to come back look. He went over, appeared into her automotive and when he couldn’t see something he turned on his flashlight. He says he nonetheless couldn’t see something so she advised him to show off the flashlight, which he did, and she or he had her arms down her pants and seemed to be touching herself. He then went again to his police automotive.

The decide stated the complainant’s proof on this case will not be credible or dependable for quite a few causes, together with that she solely supplied fundamental details about the incident.

“There may be not one seemingly distinctive element that she notes besides the Member having a flashlight,” the decide writes. “She gives no clarify [sic] of what they have been speaking about simply previous to when this occurred; nor the way it was that the Member was in a position to attain via the motive force’s door window, dislodge her clothes and fondle her vaginal space as she described. She was apparently sitting within the driver’s seat, clothed, and it simply occurred.”

The decide additionally says the girl will not be credible as a result of she reached out to the officer’s spouse and sister and contradicted herself in her messages to them.

The ruling additionally notes the girl says she discovered the spouse’s contact data by trying up the officer’s emergency contact, however it’s unclear how she discovered the sister as all three individuals have completely different final names.

The final grievance of discreditable conduct associated to the size of breaks the officer would take with the girl. One of many conferences was simply over two hours lengthy, and the opposite was “additionally prolonged.”

Nevertheless, the decide notes cops on patrol have “appreciable latitude” on breaks since they’ll go lengthy intervals with out one.

“Though the Member clearly ran afoul of his personal widespread sense, I’ve not been directed to any coverage that the Member did not adjust to,” the decide writes.

The complainant can be concerned in one other legal harassment investigation involving one other lady. One of many officers investigating this incident additionally says that the complainant contacted them saying she had been impregnated with the officer’s child, due in June 2023 then later admitted that was a lie. The officer additionally obtained as much as 200 textual content messages per day from the girl.

The complainant tells CHEK Information she’s reviewing her choices to see the place to go subsequent and has contacted her MLA about what she considers flaws within the police grievance system. She additionally says she is anxious that a few of the data within the decide’s determination was incorrect and she or he doesn’t have the chance to file an enchantment.

-With information from CHEK’s Kori Sidaway


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