West Vancouver Police Constable Griffin Gillan says he cannot remember much of the night when he attacked a newspaper deliveryman because he had downed about 20 drinks by the time the assault occurred.
As Constable Gillan pleaded guilty Friday in provincial court to simple assault, his lawyer told the judge his client had an alcohol-induced blackout early on Jan. 20 when the melee involving the officer and two other off-duty policemen occurred just outside the Hyatt Regency Hotel.
“I still have zero recollection past a certain point that night,” the 25-year-old officer told Firoz (Phil) Khan, the victim of the bizarre attack, in an apology delivered in court as Mr. Khan looked on from the spectators' gallery in the courtroom, sitting a row from Constable Gillan's parents, girlfriend and supporters.
“Based on what I have read from your statement and the statements of other persons there that night, there was absolutely no reason for someone who is out on the street to be approached by a complete stranger and then assaulted.”
But Crown Ralph Keefer filled in the blanks yesterday with a statement of facts, largely undisputed by the defence, on an incident that came to involve three regional police forces as well as the Vancouver Police Department, which launched an aggressive investigation into the matter.
Mr. Keefer Friday called on Judge Jeanne Watchuk to impose a jail sentence of four to six months, followed by probation, noting among other things that his attack on Mr. Khan went through four stages of grabbing, kicks, punches and placing a foot on Mr. Khan's head.
“Not only did [Constable Gillan] disgrace himself. He disgraced police officers everywhere,” said Mr. Keefer.
But Constable Gillan's lawyer, David Butcher, called for a discharge or a suspended sentence or probation, describing the incident as way out of character for a man well-regarded by neighbours and colleagues.
He noted his client had given up alcohol, should not be punished more severely than any other young person in such a situation, and has co-operated with investigators. He also tabled a raft of supportive letters from friends, colleagues and family, including Vancouver Sun columnist David Baines, whose wife is Constable Gillan's aunt.
Constable Gillan, massively impaired after a night watching hockey and hopping among bars in West Vancouver and downtown with two fellow officers, drunkenly thought he was making an arrest when he attacked 47-year-old Mr. Khan, Mr. Keefer told the court.
The officer walked up to Mr. Khan, delivering 75 newspapers to the Hyatt, asked for directions, and – dissatisfied at the slow response – grabbed him by his lapels and kneed or kicked him in the stomach, knocking him to the ground where he continued to assault him, Mr. Keefer said.
When Mr. Khan asked “why are you hitting me?” Constable Gillan replied because “you're under arrest,” said Mr. Keefer, noting the officer also told Mr. Khan to put his face on the ground with his legs crossed and not to move.
“This is a typical police command affecting a forceful arrest, as you know, except here the officer was off duty, drunk and targeting a completely innocent civilian minding his own business,” Mr. Keefer said.
With his foot on the back of Mr. Khan's head, Constable Gillan called two officers he had been out with earlier in the evening – Blair Tanino of the Delta police force and Jeffrey Klassen of the New Westminster force – but had become separated from.
He told them he needed “back up” at the Hyatt, Mr. Keefer said, quoting from an account provided by Mr. Khan.
The two officers flagged a cab from nearby Granville Street, came to the scene and joined in the struggle to varying degrees, with Mr. Khan yelling for spectators to call the police while Constable Klassen, according to one witness, said “We are the police.”
At one point, Constable Tanino was kicked in the mouth by Constable Gillan.
A Vancouver police officer, only two weeks out of training, arrived on the scene and recognized Constable Tanino as his “use of force instructor” at the regional Justice Institute the previous fall. After conducting witness interviews, the three off-duty officers were arrested.
Mr. Keefer said Constable Gillen claimed his drinks were spiked though a blood test found no evidence of that.
Judge Watchuk said she would sentence Constable Gillan on July. 29.
Mr. Keefer said Mr. Khan, a native of the Fiji Islands, reported he heard one officer say “we don't like brown people,” but was not prepared to attribute the slur to any particular officer.
No charges were laid against Constable Tanino, whom Mr. Keefer described as the “least involved” in the incident. Constable Tanino is to testify at Constable Klassen's trial next spring on a charge of assault.
Mr. Khan declined comment as he left the court Friday though Liberal Senator Mobina Jaffer, acting as his lawyer in the case, said he has not been able to work since the incident.
