B.C. RCMP constable being sued for alleged assault, false imprisonment

Lawsuit stems from traffic stop incident in November of 2017

A Comox resident is suing a member of the Comox Valley RCMP for an alleged assault, battery, false arrest and false imprisonment stemming from an incident in November 2017.

On April 6, 2018, a notice of civil claim was brought forth to the supreme court in Victoria by Richard Neary, lawyer for Oliver Cosette, against the B.C. Minister of Public Safety and Attorney General and Const. Geory Penner of the Comox Valley RCMP.

In the notice, it states the plaintiff was pulled over for a traffic stop in Comox on Nov. 7 around 1 p.m. when Penner searched Cosette’s name and discovered a Notice of Prohibition on record against him, indicating a three-month licence prohibition that had not yet been served.

Cosette claims he was unaware of any Notice of Prohibition at the time.

Penner wrote up a notice and served it to Cosette. As he approached Cosette’s vehicle with the document, Cosette activated video and audio recording on his mobile device and placed the device inside his pocket such that only audio was being recorded.

It is alleged in the notice that Penner then asked if Cosette had any drugs or alcohol in the vehicle, to which he answered ‘no.’ He then told Cosette he was on “a bunch of conditions” related to criminal charges and family violence. He disagreed with the constable, and the two argued for a moment on that topic.

It is stated in the notice the plaintiff was not facing any such charges or subject to any conditions.

Penner again asked if Cosette had any drugs or alcohol, to which he answered no. Penner then said “let’s open it up,” and opened the driver side door, to which Cosette responded, “without a warrant sir? You’re not getting in there.”

Penner then noted he was going to take Cosette’s vehicle and attempted to grab the notice document from his hand, and Cosette did not immediately release the document.

The constable then pulled Cosette to the ground and told him he was under arrest for obstruction. While he was on the ground with his hands behind his back, he told Penner “I have a really bad shoulder,” to which Penner replied, “It’s gonna get worse if you keep f***ing around.”

Cosette stated the constable was choking him. Penner then continued to talk to him while pulling his sweater tight around his neck, and said, “you’re choking me out sir.”

The notice alleges Penner responded, “go out, pretty princess. It’s that time.”

Cosette was then pulled to his feet and placed in the back seat of an RCMP cruiser. The audio recording of the incident ends at this point.

Later that day, the plaintiff visited the hospital due to the injuries sustained during the altercation.

In the notice, it states Cosette suffered and continues to suffer personal injuries to his shoulders, facial injuries and anxiety and emotional distress.

He is seeking general damages, special damages, damages pursuant to section 24(1) of the Charter of Rights and Freedoms, interest, costs of the action and any further relief as the court may see fit.

Calls by The Record to Cosette for comment were not returned.

Sgt. Janelle Shoihet, media relations officer for RCMP ‘E’ Division said the RCMP have yet to be served.

“Once we have been formally served, we will review the information with the Department of Justice and our official response will be filed in court as a statement of defence.”

None of the allegations have been proven in court.

Just Posted

Parksville council, staff debate homeless camping in public spaces

‘We are in a fine balancing act right now’

Vancouver Islanders among B.C.’s most engaged on electoral reform

Parksville-Qualicum and Courtenay-Comox lead the province in voter turnout, Island high in general

Offenders work to repair harm through restorative justice process

The Arrowsmith Community Justice Society says process is alternative to court system

‘Dramatic undersupply’ of workers in Parksville Qualicum Beach: new labour report

Analysis supports what many already know, reinforces need for action: Burden

VIDEO: E. coli outbreak linked to romaine lettuce sickens 18 people in Ontario, Quebec

The Canadian Food Inspection Agency says it’s working with U.S. authorities to determine the source of the romaine lettuce those who got ill were exposed to.

Bear hunt on after man knocked down in Port Alberni residential backyard

Traps set after family posted about bear knocking man to the ground and swatting his leg

Island baseball team builds practice facility inside recycling depot

Nanaimo’s Mid Island Pirates held first training session inside Regional Recycling this week

Nanaimo hospital will get a new $34-million intensive care unit

B.C. government made announcement this morning

Koi-munching otter avoids trap in Vancouver Chinese garden

Park staff have set up a trap with chicken and smeared a mat with fish oil, so far to no avail

Feds give formal notice for law to end Canada Post strike

Trudeau government ready to legislate employees back to work after five weeks of rotating strikes

Lower Mainland suspect identified in fatal northern B.C. hit and run

Suspect and seven other individuals believed involved located on Haida Gwaii

‘Bait and switch’ warning ahead of Black Friday and Cyber Monday

Competition Bureau of Canada is warning shoppers of illegal sale tactics

Mount Washington Alpine Resort targeting Dec. 7 opening date

Major snowfall in the forecast for this week

Most Read