Two Prince George RCMP officers who faced charges that were later dropped in relation to an arrest caught on video are claiming they were the subject of a "negligent investigation and malicious prosecution."
The allegations are cited in a civil notice of claim filed last week on behalf of Cst. Wayne Connell and Cpl. Kyle Sharpe. Citing a range of stress-related injuries, they are seeking a range of damages from the B.C. Attorney General and the Independent Investigations Office.
Charges of assault causing bodily harm against the two were stayed in October 2021, when it became apparent after 1 1/2 days of trial that Crown counsel's case had fallen apart.
The charges stemmed from a takedown in an alleyway off the 2200 block of Oak St. during the early morning of Feb. 18, 2016 in which RCMP had boxed in a stolen pickup truck.
About a month after the arrest, a video from a security camera installed outside a nearby home showing the takedown caused a stir when it was provided to provincial media and IIO, B.C.'s civilian-based police watchdog launched an investigation.
While the video clearly showed RCMP Cst. Joshua Grafton deploying a police dog to pull Cuyler Aubichon out of the driver's side and take him to the ground, the arrest of Nathaniel Basil by Connell and Sharpe on the passenger side was largely obscured by the vehicle.
That aspect was among a list of alleged shortcomings in the Crown's case cited in the notice of claim.
It goes on to say the IIO's investigations director at the time, Alison Carstairs, spoke to witnesses, secured exhibits and took photographs and, in a "use of force report" produced in April 2016, concluded the officers did not use excessive force.
As well, the IIO "did not request or obtain medical records" that could substantiate Basil's claim of bodily harm and, according to the claim, failed to disclose Carstair's report when, in June 2018, the IIO's findings were forwarded to Crown counsel for review.
In June 2020 - four years since the takedown - Connell and Sharpe were arrested, charged and released with no-contact conditions.
"Details of these arrests were released to the public and publicized in the media despite no actual arrest or suspected ongoing risk to the public," the claim reads.
Carstair's report was not disclosed to defence counsel prior to the trial and medical records disclosed for Basil did not show he suffered bodily harm, the claim states.
The first witness at the trial, Carstairs produced her report and, the next day, Basil was called to the witness stand. Despite Crown's efforts, his testimony was vague and jumbled and given reluctantly.
The charges against Connell and Sharpe were stayed later the same day and 5 1/2 years after the arrest.
"The Crown's decision to proceed to trial was willful, malicious and a deliberate misuse of the office of the Crown. In the alternative, it was grossly negligent," the statement of claim reads.
Connell and Sharpe are seeking general, punitive and aggravated damages and damages pursuant to the Charter of Rights and Freedoms.
Their allegations have not been tested in court and the defendants - the B.C. Attorney General, the IIO and the provincial government - have not filed responses.
Following a lengthy trial, Grafton was found not guilty in August of assault, assault with a weapon and obstruction of justice in relation to the arrest but continues to face a civil claim from Aubichon.
