An "upstanding" young West Vancouver police officer who viciously beat a newspaper delivery man during a drunken, off-duty bender, has been sentenced to 21 days of house arrest.
Provincial Judge Jane Watchuk said she thought hard about whether to incarcerate Constable Griffin Gillan, 25, given his clean criminal record. Judge Watchuk also took into account that the young officer has already paid dearly for the crime. He faces a disciplinary hearing under the Police Act and his law enforcement career, which just began 18 months ago, is imperilled.
But, she added, the attack on Firoz Khan, 47, in January was prolonged and repugnant. Constable Gillan beat and subdued Mr. Khan while simulating a fake police takedown on the innocent man.
"After consideration of all of the factors, I find that jail is necessary due to the importance of denunciation and deterrence in this case," the judge said in a 29-page decision.
Outside the court, Mr. Khan's wife, Zavida, said the assault changed the family's life forever. Mr. Khan, the father of three children under 5, can't drive and hasn't returned to work. Ms. Khan said the family would have liked an apology from the West Vancouver Police Department or the mayor.
Senator Mobina Jaffer, who is representing the Khan family, said her client "went from being a hard-working man to not being about to support himself. That is very difficult for him."
The officer was also sentenced to six months probation following the house arrest. The Crown had asked for a four- to six-month sentence, and the defence sought a conditional discharge.
Constable Gillan pleaded guilty to the assault earlier this month.
The paths of Mr. Khan and Constable Gillan crossed in the early hours of Jan. 21 outside the Hyatt Regency Hotel in downtown Vancouver. Mr. Khan, who has delivered newspapers for 20 years, was dropping off a bundle to the hotel. Constable Gillan had consumed up to 25 drinks that evening with two fellow police officers, and was wandering the downtown in a state of belligerent intoxication.
Constable Gillan approached Mr. Khan and asked for directions. Before Mr. Khan could fully reply, Constable Gillan grabbed Mr. Khan by the lapels of his jacket, kneed him in the stomach and he dropped to the ground. The officer kicked Mr. Khan, then dragged him to his feet again. The officer then told Mr. Khan, "When I call you, next time you better fuckin' come."
When Mr. Khan asked the off-duty officer why he hit him, Constable Gillan replied, "Because you're under arrest." Constable Gillan forced Mr. Khan back on the pavement, barking the kind of commands police utter when making a genuine arrest.
With his foot pressed into Mr. Khan's back, Constable Gillan called his fellow police friends still at a bar, telling them he needed "backup."
Jeffrey Klassen of the New Westminster police department and Blair Tanino with the Delta police, arrived within minutes. By this time, a small crowd of witnesses had gathered. Mr. Klassen, an instructor at the Justice Institute of British Columbia, was seen punching Mr. Khan's back and yelling at him to "stay down or I will kill you."
Eventually a witness called 911 and police arrived. Witnesses said one of the off-duty police officers pointed at Mr. Khan and told the newly arrived officer, "This is the guy. Arrest him. He's the shit rat."
Mr. Klassen's trial is scheduled for next year. Mr. Tanino was not charged.
Constable Gillan said he has no recollection of beating Mr. Khan and can't account for why he assaulted the man. At an earlier court date, he apologized to Mr. Khan. He said he has given up drinking and plans to stay sober the rest of his life.
Meanwhile, the West Vancouver Police Department has suspended the officer without pay. The court heard that Constable Gillan has lost about $35,000 due to lost wages and he has moved back to his parents' house.
"Mr. Gillan is a young man of good character ..." Judge Watchuk said in sentencing. However, she also noted, "This is a serious assault. Mr. Gillan is [an]upstanding young man who made serious mistakes with enormous consequences to himself and Mr. Khan."
Outside court, Ms. Jaffer said the Khans have not yet decided if they will launch a civil suit.
"He was living the Canadian dream, and this dream was shattered for his family," she said.