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News Release

SIU Concludes Investigation into Injuries Sustained by Man in Brantford

Case Number: 12-OCI-007

Mississauga (13 March, 2012) --- The Acting Director of the Special Investigations Unit (SIU), Joseph Martino, has concluded that there are no reasonable grounds to charge two officers with Brantford Police with any criminal offence in relation to the injuries sustained by 35-year-old Wayne Mark in January of 2012.

The SIU assigned three investigators and one forensic investigator to probe the circumstances of this incident.  Both subject officers participated in interviews and provided copies of their duty notes.  Five witness officers and two civilian witnesses were interviewed.

The SIU investigation found that the following events took place on Friday, January 6:
• On the day in question, Mr. Mark was wanted on several outstanding warrants for his arrest.  At about 7:20 p.m., he was spotted in a vehicle on Colborne Street by one of the subject officers.   
• With the assistance of other officers in their vehicles, Mr. Mark’s car was stopped and surrounded.  Mr. Mark immediately exited his vehicle from the rear passenger side and fled the scene.  The two subject officers pursued him on foot, and he was eventually apprehended on Icomm Drive.
• Mr. Mark struggled with the officers during the arrest.  The officers reacted by grounding Mr. Mark and then  using force to secure Mr. Mark’s arms and handcuff them behind his back.
• Mr. Mark was taken to Brantford General Hospital where it was revealed he had a broken orbital bone.

Acting Director Martino said, “While I accept that Mr. Mark’s injuries were likely the result of the force used against him during the arrest process, I am satisfied that the officers were proceeding lawfully to apprehend Mr. Mark and that the force they used was no more than was reasonably necessary to overcome Mr. Mark’s resistance and complete his arrest.”

 

The SIU is an arm’s length agency that investigates reports involving police where there has been death, serious injury or allegations of sexual assault. Under the Police Services Act, the Director of the SIU must

  • consider whether an officer has committed a criminal offence  in connection with the incident under investigation
  • depending on the evidence, lay a criminal charge against the officer if appropriate or close the file without any charges being laid
  • report the results of any investigations to the Attorney General. 

Monica Hudon, monica.hudon@ontario.ca
SIU Communications/Service des communications, UES
Telephone/No de téléphone: 416-622-2342 or/ou 1-800-787-8529 extension 2342