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News Release

SIU Concludes Investigation into ATV Collision in Sutton

Case Number: 09-OVI-088

Mississauga (21 May, 2009) --- The Director of the Special Investigations Unit (SIU), Ian Scott, has concluded that there are no reasonable grounds to believe that a York Regional Police Service officer committed a criminal offence in relation to the injuries suffered by a 38 year old man in April.

The SIU assigned four Investigators and two Forensic Investigators to probe the circumstances of this incident.

The SIU investigation determined that on Saturday, April 18th, 2009 at 10:04 a.m. a York Regional Police Service officer was investigating two all terrain vehicles (ATV) that were being operated in the area of Dalton Road and High Street in Sutton. The officer signalled the ATVs to stop, but the drivers did not do so. One of the ATVs collided with a tree on Catering Road. The driver, Henry Biernacki of Toronto, was taken to hospital with head injuries. The other ATV left the scene.

Director Scott said, "Mr. Biernacki was operating an ATV and was directed to stop by the officer. He failed to do so, lost control of the ATV and struck a tree. There is no evidence in the investigation that the subject officer activated the police car's emergency equipment and/or entered into a pursuit with the ATV."

Director Scott concluded, "Mr. Biernacki was solely responsible for the injuries he suffered and accordingly, no criminal liability may attach to the actions of the subject officer."

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