Outside force to investigate Taser complaints against Man. RCMP
Last Updated: Monday, December 21, 2009 | 2:46 PM CT
CBC News
Matthew Gray says Mounties used stun guns on him numerous times over several hours in June 2003. RCMP say Tasers were used, but deny their use was excessive. (CBC)An outside police force will investigate allegations against five current and former Manitoba RCMP officers accused of offences ranging from fabricating evidence to torture.
The charges relate to complaints filed in civil and criminal court by a Portage la Prairie man.
Matthew Gray, 47, filed complaints against up to 15 RCMP officers after he was handcuffed and jolted multiple times with a Taser stun gun in June 2003.
In October, a provincial court judge agreed there's enough evidence to proceed with charges against five of the officers.
The matter was originally scheduled to be heard in court on Nov. 16. But on that day, the province's special prosecutor, Marty Minuk, intervened and the matter was put over until Monday.
Minuk had been appointed by the province to review and monitor the case. He was given authority to intervene at any time to drop the charges if he didn't think there was a reasonable chance of conviction or to take over the case and prosecute it like any other criminal case.
On Monday, he told court that an outside police agency will be appointed to investigate Gray's allegations and report back some time in the New Year.
No deadline was given, and the investigating police force has not been named yet.
"It's too bad that it has taken 6½ years so far," Gray said outside court. "Once they see my evidence, they'll have no recourse but to follow through and have these boys brought to court and dealt with."
The RCMP will not comment on the case because it's before the courts.
Complainant suffers from mental disorders
Gray, a retired soldier, has said he suffers from post-traumatic stress, bipolar and anxiety-panic disorders. In June 2003, he wanted to be admitted to a mental health facility, so he called a hospital psychiatric ward for help.
According to court documents filed in 2005, the hospital called RCMP, fearing Gray might be a danger to himself.
Matthew Gray's back shows marks he says are burns from RCMP Tasers used on him in June 2003. (Submitted by Matthew Gray) There was some confusion over whether Gray's committal to hospital would be voluntary or involuntary, and RCMP said he became violent and aggressive and a scuffle ensued.
RCMP documents indicate Gray was handcuffed at his own request, and a Taser was used on him twice in the hospital.
After he was given sedatives, the Taser was used again — more than once — during an ambulance ride to another hospital in Winnipeg, according to RCMP documents.
An RCMP weapon-use report filed in court said Gray became "extremely aggressive" in the ambulance and freed himself from some restraints.
Police cite fears for safety
Officers used the Taser in the ambulance out of fear for the safety of ambulance attendants, police officers, other drivers on the road and Gray himself, the RCMP previously stated.
There is dispute over how many times the Taser was used on Gray. He alleges it was used as many as eight time; RCMP say four times; and hospital records indicate six.
Gray said police assertions that they arrested him under the Mental Health Act are false. Consequently, he believes police had no jurisdiction to detain him or use force against him.
He took his concerns to the RCMP Complaints Commission, but it ruled the police did not apply excessive force. So, Gray started a civil lawsuit and brought private prosecution charges against the officers in criminal court.
With files from The Canadian PressShare Tools
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