Delta's police chief took the unprecedented step this week of speaking publicly about the recent lawsuit launched against the department.
The B.C. Ministry of Health is suing Delta police in an effort to recover health care costs associated with former NHL player Garrett Burnett, who was seriously injured during at fight at North Delta's Cheers Nightclub in December 2006.
Burnett, 35, suffered a brain injury, broken facial bones, headaches, soft tissue injuries, chipped teeth and facial numbness. He has not played hockey since.
In its lawsuit the government is claiming, among other things, that one police exhibit, a surveillance video and hard drive, was lost or destroyed after it was seized from the scene.
Police chief Jim Cessford took issue with the claim and this week spoke out publicly to set the record straight.
"I take exception to the fact that an absolute untruth is left in the public domain bringing into question the integrity of the Delta police as an organization," Cessford said in a letter to the Optimist. "I believe I owe it to our citizens to be open, forthcoming and straightforward...
"So, for the record, I need to clarify and confirm for the citizens of Delta that the evidence referred to, video surveillance footage and computer hard drive information, was seized by way of judicial authorization (a search warrant)," he said, adding that staff at the club initially provided officers with a compact disk that contained a copy of a portion of the video surveillance from that night.
"This copy was destroyed because the Delta police held the original evidence from the hard drive itself," Cessford said. "This primary source evidence is still in existence, held and secured by the Delta police."
In its legal action the government is also claiming the department was negligent because officers failed to carry out a proper investigation. The ministry is also going after the owners of the nightclub, which has since closed, claiming they were negligent in failing to ensure patrons would be reasonably safe on the premises.
Burnett filed his own lawsuit against both police and the club owners citing negligence.
According to court documents, his suit against the club owners was settled in February.
There has not yet been a ruling in Burnett's case against police.
Burnett played 39 games for the Anaheim Ducks during the 2003/04 season.
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For the record: Setting the record straight to correct erroneous information
It is an extraordinary measure that I speak to an issue that is yet to complete the course of due process. However, there are times when information is so erroneous that it is incumbent upon me as Delta's Police Chief to correct and provide factual information.
The civil action initiated by the Ministry of Health has received widespread media coverage and public attention. In this recent Notice of Civil Claim by the Ministry of Health, it is alleged (among other things) that the Delta Police destroyed and/or lost evidence pertaining to the incident involving Mr. Burnett.
I take exception to the fact that an absolute untruth is left in the public domain bringing into question the integrity of the Delta Police as an organization. I believe I owe it to our citizens to be open, forthcoming and straightforward. All too often, being a regulated body this becomes a challenge and legislation dictates what and when I can communicate on a given issue, or investigation. But in this case it is a matter of principle and as such, I must not remain silent and allow the public's trust and confidence to waiver because of an unanswered false assertion.
So, for the record, I need to clarify and confirm for the citizens of Delta that the evidence referred to, video surveillance footage and computer hard drive information was seized by way of judicial authorization (a search warrant). A compact disc initially provided by the establishment's staff, was only a copy of a portion of the video surveillance. This copy was destroyed because the Delta Police held the original evidence from the hard drive itself. This primary source evidence is still in existence, held and secured by the Delta Police. The judicial authorization to secure the primary source evidence was obtained several hours after the incident but the same day in which the incident occurred and is currently held as an exhibit.
I am cognizant and respectful of the pending civil matter so I have endeavored to be brief and limit the scope of my comments to this irrefutable fact which will not be judged on the balance of probabilities as the other issues mentioned in the civil suit will be subject to.
I would also like to take this opportunity to express my appreciation to the community for continued support of our officers, staff and volunteers as they work hard to maintain a safe community for us all to enjoy.
Jim Cessford, Chief Constable
Delta Police Department
