A Vancouver police officer has contradicted testimony given by a former senior sergeant who was in charge of the jail where Frank Paul was taken almost 10 years ago.

Vancouver police Const. David Instant testified Wednesday that he thought Frank Paul was intoxicated on the night he was taken to a drunk tank.
(CBC)

Const. David Instant, the wagon driver who delivered Paul to the jail and later dropped him off at an intersection at the request of ex-police sergeant Russell Sanderson, testified Wednesday afternoon at the inquiry into the death of the 47-year-old First Nations man.

Instant's testimony conflicted with statements made on Monday by Sanderson, who told the inquiry that Paul wasn't drunk enough to be put in the drunk tank. Instant testified that he thought Paul was intoxicated.

Sanderson also denied knowing Paul was homeless in his testimony Tuesday, which was also contradicted by Instant.

"I advised Sgt. Sanderson he [Paul] was found laying on a vegetable rack at Dunlevy [Avenue] and Hastings [Street] and Sgt. Sanderson said, 'He's homeless that's where he sleeps,'" Instant said.

Former Vancouver police sergeant Russel Sanderson told the inquiry that he didn't know Frank Paul was homeless and he didn't think Paul was drunk enough to be kept in jail.
(CBC)

Paul, a former resident of the Big Cove First Nation in New Brunswick, died on Dec. 5, 1998, of hypothermia because of exposure due to alcohol intoxication.

A police video recording shown at the inquiry last November showed a limp Paul being dragged into an elevator at the police station the second time he arrived there, his wet clothes leaving a mark on the floor.

Instant testified that Sanderson didn't want to hold Paul in jail that night and that's why the senior officer told him to drive Paul to the corner of Broadway Street and Maple Street.

"What I felt it was is: Let's get this guy out of the Downtown Eastside and somewhere where he is safe and he says he lives in this area. Let's drive him out there," Instant said.

Sanderson wrapped up his testimony on Wednesday after three days on the witness stand.

Instant will continue testifying when the inquiry resumes Friday.

No charges laid in Paul's death

The aim of the public inquiry is not to find fault but it can make recommendations on changes to police policies and procedures.

Crown lawyers reviewed the case in June 2004 and determined charges were not warranted.

Two Vancouver police officers were disciplined internally and the police department considered the case closed.

A corrections officer who was working the night Paul died claimed the internal police investigation was a sham and took his concerns to the police complaints commissioner in 2003.

Commissioner Dirk Ryneveld recommended a public inquiry into Paul's death but his recommendation was rejected by the provincial government.

The B.C. government reversed its decision last February after CBC News reported on the corrections officer's claim.