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News Release

SIU Concludes Investigation into Hamilton Vehicle Death

Case Number: 12-OVD-098

Mississauga (3 May, 2012) --- The Director of the Special Investigations Unit (SIU), Ian Scott, has concluded that there are no reasonable grounds to charge a Hamilton Police Service (HPS) officer with any criminal offence in relation to the death of 38-year-old Bibi Shazeena Ally in April of 2012.

The SIU assigned four investigators, two forensic investigators and a collision reconstructionist to probe the circumstances of this incident.  The subject officer did not provide a copy of her duty notes to the SIU and declined to be interviewed, as is her legal right.  One witness officer and five civilian witnesses were interviewed.

The SIU investigation found that the following events took place on Friday, April 6:
• In the morning hours, the subject officer and witness officer were positioned at the intersection of Middletown Road and Concession Road 5 in Flamborough to control traffic flow for a bicycle race that was to pass through the intersection.  They were dressed in uniform and were wearing fluorescent yellow jackets.
• Middletown Road has a posted speed of 70 km/hr and has stop signs on both the northbound and southbound lanes at the intersection with Concession Road 5. 
• At approximately 10:00 a.m., a Dodge Journey driven by Ms. Ally approached northbound on Middletown Road at a high rate of speed.  Both officers attempted to signal the vehicle to stop but it accelerated through the intersection.  They moved out of the roadway to avoid being struck by the vehicle.  The vehicle continued northbound and lost control, veering to the left, crossing the southbound lane and then leaving the roadway.  It struck a number of trees before coming to rest in a field. 
• Ms. Ally died as a result of the collision impact.

Director Scott said, “On the basis of this investigation, the subject officer’s actions had nothing to do with the unfortunate death of Ms. Ally.  She was driving in a dangerous manner as she approached the intersection, ignored both officers’ signals to stop, and continued to drive in an even more erratic manner after she sped through the intersection.  While her death is tragic, the subject officer had nothing to do with her demise.”

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