Bruce Keeler, right, yells his support in front of a sign showing his bruised face during an anti-police rally in Kelowna, B.C., Sunday, Jan. 16, 2011.Jeff McIntosh/ The Canadian Press
Kelowna RCMP Constable Geoff Mantler was already under investigation for a complaint of excessive force when he allegedly kicked Buddy Tavares in the head during an arrest, police have confirmed.
Constable Mantler has been suspended with pay and is facing a possible assault charge in connection with the Jan. 7 incident involving Mr. Tavares, which was videotaped.
On Friday, RCMP spokeswoman Corporal Annie Linteau confirmed that a RCMP investigator is looking into a complaint from Jeremy Packer of Kelowna, who says he was repossessing a boat for non-payment on Aug. 10 when he was pulled over by officers on suspicion of stealing it.
He told The Globe and Mail that, with guns drawn, RCMP officers pulled him out of his truck, and that even though he did not resist, one "punched me in the head."
Mr. Packer alleged that the same officer gave him two more punches when he was on the ground being handcuffed.
"I had a road rash abrasion on my right eye, and also a black eye swollen up, and a broken back tooth," he said.
Mr. Packer filed a complaint on Nov. 1. In a letter to Mr. Packer dated Jan. 14 that he provided to The Globe and Mail, an RCMP inspector identifies the officer involved as Constable Mantler.
Cpl. Linteau said Constable Mantler wasn't suspended over the earlier incident because "the allegations have to be investigated and substantiated before that kind of action is taken and of course, the time delay in reporting certainly adds certain challenges to our investigators."
There was also no video recording.
"Having a video of the incident is certainly beneficial to our investigators as well," said Cpl. Linteau. "You know exactly what it is that happened. Of course, you still have to investigate all the circumstances surrounding the video footage, but certainly it's a valuable piece of evidence."
Unlike the situation with Mr. Tavares, Constable Mantler has not faced a criminal investigation by an outside police force for the allegations involving Mr. Packer.
"Now, it's always possible that an outside police force could investigate that, but at this point, it's an internal matter," said Cpl. Linteau.
The Abbotsford Police Department has recommended Constable Mantler be charged with assault causing bodily harm for the incident with Mr. Tavares. Crown prosecutors will decide whether to proceed.
Cpl. Linteau said she couldn't comment on whether there are other complaints against Constable Mantler.
"These two situations here are very unusual with extraordinary circumstances," she said. "Usually, we do not discuss allegations in the public domain until the police officer has been formally charged."
Mr. Packer said he waited until his legal situation was cleared up before filing a complaint. Police laid a charge of theft over $5,000, and dropped it on Sept. 30, he said.
The RCMP has a systemic problem when it comes to dealing with allegations of excessive force by its officers, said David Eby, executive director of the B.C. Civil Liberties Association.
"It's not a surprise that there's other allegations involving the same officer, because often there is a pattern of allegations and the RCMP has not done a great job of identifying, counselling and intercepting officers that are having difficulty on the job."
Mr. Eby would also like to see an end to the practice of police investigating allegations of misconduct by other officers.
"The issue that we often find is that unless the incident is captured on video, or unless there's a police officer witness who's providing evidence against a fellow officer, in serious cases of misconduct, it's very difficult to have a complaint that is substantiated or found to be true," he said.
Special to The Globe and Mail