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News Release

SIU Concludes Investigation into Hamilton Vehicle Collision

Case Number: 09-OVI-228

Mississauga (16 October, 2009) --- The Director of the Special Investigations Unit (SIU), Ian Scott, has concluded there is no reasonable basis to believe that a Hamilton Police Service officer is criminally responsible for the injuries sustained by a 24-year-old man on September 3, 2009.

The SIU assigned three investigators and two forensic investigators to probe the circumstances surrounding this incident.

The SIU investigation determined that on September 3, the subject officer was doing radar enforcement on the Lincoln Alexander Parkway. At approximately 3:30 a.m., a light-coloured Chrysler driven by Jay Davy drove past the officer at a clocked speed of 164 km/hr. When Mr. Davy refused to stop, the officer activated his emergency lights and entered into a pursuit of the Chrysler. The Chrysler exited on the Garth Street ramp, turned north, ran the red light at Limeridge Road and smashed into a stone wall at Garth Street and Beckett Drive. The complainant suffered serious injuries in the collision, including a fractured right ankle and left wrist, and a collapsed lung.

Director Scott stated, "There is no doubt that the subject officer was engaged in a pursuit of the complainant's vehicle beginning on the Lincoln Alexander Parkway, and that Mr. Davy had no intention of stopping. Pursuant to s. 3 of the Suspect Apprehension Pursuit regulations to the Police Services Act, the officer had the lawful authority to enter into this pursuit because the complainant was engaged in driving at speeds that could constitute dangerous driving under s. 249 of the Criminal Code. The complainant was actively attempting to elude the subject officer, and subsequently lost control of his vehicle and collided with a stone wall."

Director Scott added, "I'd also like to note that surveillance video obtained shows an eight second gap between the two vehicles shortly before the collision, suggesting that the subject officer was a significant distance behind Mr. Davy. There is no suggestion of contact between the two vehicles."

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. 

SIU Communications/Service des communications, UES
Telephone/No de téléphone: 416-622-2342 or/ou 1-800-787-8529 extension 2342