Skip to main content

Constable Curtis Hibbert leaves the Coroners Courts in Toronto on Monday. Constable Hibbert was clipped by Wieslaw Duda in 2010 before Mr. Duda was killed by police.Kevin Van Paassen/The Globe and Mail

A 49-year-old Polish immigrant who was shot several times by Toronto police drove erratically, refused demands to stop and clipped an officer who was previously one of the country's most accomplished gymnasts, a coroner's jury heard Monday.

Wieslaw Duda was killed inside his vehicle in the city's Port Lands area in the early morning of April 19, 2010. A total of 34 shots were fired by five officers after Mr. Duda accelerated his car toward a makeshift roadblock and hit Constable Curtis Hibbert.

Mr. Duda "had multiple gunshot wounds. One fatal. Two others potentially fatal," said Michael Blain, lawyer for the coroner, in his opening remarks to the jury. "Constable Hibbert, fortunately, suffered relatively minor injuries" after he was knocked onto the hood and rolled off the car, the jury heard.

Constable Hibbert, a two-time Olympian, was the first Canadian gymnast to win a medal at the world championships, taking a silver in 1987. He also won five gold medals at the Commonwealth Games in 1990 and went on to a career as a movie stuntman before joining Toronto police.

The inquest, which is expected to last four weeks, is examining another fatal confrontation involving police and someone with mental-health issues. The province's Special Investigations Unit concluded that lethal force was justified and no charges were laid against police.

Dr. John Carlisle, who is presiding over the inquest, told the five-person jury that its task is "not to point fingers or lay blame," but to present recommendations for the future.

As the coroner's lawyer outlined the expected evidence, three of Mr. Duda's sisters and his mother, looked on from the public gallery. Constable Hibbert and four other officers have been granted standing because of "reputational interest," Dr. Carlisle said. They are represented by lawyers at the inquest, as is the Chief of the Toronto police, the Toronto Police Services Board and Peel Regional Police.

Mr. Duda, a Mississauga resident with two children and who was separated from his wife, had previously been diagnosed with mental illness.

A few hours before the fatal incident, one of his sisters called Peel Regional Police to express concerns about her brother.

The interaction with Toronto police began in Scarborough after officers received a 911 call about a driver going through red lights at a high speed. A licence-plate check did not reveal the owner of the vehicle.

The initial chase was called off for safety reasons. Soon after, the vehicle was located again and five police cars parked at the intersection of Cherry and Commissioners streets. Mr. Duda allegedly stopped briefly, as officers drew weapons and shouted at him to "show your hands" and get out of the car. Instead, he is alleged to have accelerated and hit Constable Hibbert.

The officer's colleagues opened fire because "he might be trapped, he might be killed," Mr. Blain said. The coroner's lawyer also told the jury there is evidence of "crossfire" with bullets entering both the driver's and passenger side windows.

The first witness at the inquest was Chris Lawrence, an instructor at the Ontario Police College. He testified that multiple shots may be necessary because the impact of a single bullet is comparable to being struck by a 90-mile-an-hour fastball. "There is no such thing as a one shot drop" unless the bullet hits the spine, Mr. Lawrence said.

Interact with The Globe