The Independent Investigations Office (IIO) investigation into a 2012 Delta police officer-involved shooting at the Starlight Casino lacked clear documentation and did not go far enough.
Those were some of the findings of a review conducted by former RCMP Supt. Doug Kiloh that was released to the public Wednesday.
“It is my assessment that the IIO lacked clear policies, processes, procedures and training for its investigators,” said Kiloh. “With respect to the IIO’s investigation into the police-involved shooting at the Starlight Casino, I believe it did not meet all the expectations of a well-developed investigative unit. This included the report to Crown counsel...”
On Nov. 8, 2012, Mehrdad Bayrami was shot by police following a five-hour armed stand-off outside the New Westminster casino. He sustained a gunshot wound to his torso and died 10 days later in hospital.
DPD Const. Jordan MacWilliams was a member of the Municipal Integrated Emergency Response Team that responded after reports of a domestic disturbance and an armed man with a hostage.
MacWilliams was assigned to the role of lethal overwatch for his team. In that role, it was his responsibility to provide cover for other officers and to use necessary force if a threat of death or grievous bodily harm was posed.
Following Bayrami’s death, the IIO launched an investigation and the following summer submitted a report to Crown counsel. MacWilliams was charged in October 2014 with one count of second-degree murder.
Based on further review, the Crown directed a stay of proceedings and the charge was dropped in July 2015.
Amid much public scrutiny of the case and questions around how the IIO handled the investigation, the Delta Police Association submitted a formal letter of complaint.
The IIO then appointed Kiloh to review the initial investigation based on that complaint.
Kiloh provided 10 recommendations in the review, calling for such meausres as adopting major case management principles, an increase in staff training, and ensuring that an independent investigator reviews the investigations both during and post investigation.
DPD A/Sgt. Sarah Swallow said Delta police fully support the recommendations and are pleased to see the review was undertaken.
“The report clearly identifies some errors that were made in the investigation and the operation of the IIO at that time,” said Swallow. “Since that time there has been a complete change of senior managers at the IIO. Obviously as a police department we support civilian oversight – it’s a critical part of public trust as a police department. This report and the direction that the IIO appears to be going in, we fully support it and are pleased to see it.”
IIO chief civilian director Ron MacDonald also said he fully accepts the review’s recommendations.
“This examination has not only helped the organization to better understand where improvements needed to be made and to develop solutions, but the exercise additionally sends a message to the public and police that the IIO is accountable and willing to acknowledge the need to change and grow.”
MacDonald said numerous changes have since been implemented at the IIO, including the adoption of a manual of investigations that guides investigative practices, development of a witness and affected person strategy, more rigorous training for investigators, an improved system to manage and process evidence, and a new approach in presenting cases to Crown counsel.
“I am focused on ensuring our investigations are carried out in as excellent and timely a manner as possible,” MacDonald added. “We will work to continue to ensure the people of British Columbia can have the utmost confidence in its civilian oversight of police.”
