The Office of the Police Complaints Commissioner launched the appeal last year, asking the B.C. Court of Appeal to set aside the order by Justice B.A.
Betton that quashed the public hearing into allegations of abuse of authority by constables Nicholas Florkow and Brian London. Betton upheld a petition made by the constables that commissioner Stan Lowe's decision to order a public hearing was not warranted.
The case stems from an incident involving Vancouver resident Yao Wei Wu, who suffered several injuries, including a broken orbital bone, when the officers attempted to arrest him in a case of mistaken identity.
The two officers responded to a domestic assault call in 2010. They responded to the correct address but were not aware the call originated from Wu's basement suite.
Delta police Chief Jim Cessford was brought in to investigate the officers' actions after Wu launched a complaint alleging abuse of authority.
After several months of investigation, Cessford concluded the allegations were unsubstantiated. He determined the use of force was reasonable under the circumstances.
Lowe did not agree and ordered a public hearing into the matter in 2011.
