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

Police investigating after body found in Terrace

Discovery Friday afternoon near Olson Ave.

Skeena Voices | Painting the world a brighter place

Marilyn Lachapelle brings life to rocks to heal and spread happiness

Northwest mobile unit to help those at heart of mental health, addiction crisis

Province, Northern Health unveils new unit in Terrace to bridge gaps in services

New Mills Memorial project said to be on track

But Skeena MLA Ellis Ross not convinced

Bail hearing adjourned for April in Terrace manslaughter case

Veronica Leanne Bolton, 34, is accused in death of Rene Fagan, 85

Stolen Bentley spotted going wrong way down highway found in Summerland

The car has been recorded going the wrong way on the Coquihalla, found two days later

Province announces $18.6 million for B.C. Search and Rescue

The funding, spread over three years, to pay for operations, equipment, and training for

Late-season wave of the flu makes its round in B.C.

BC Centre for Disease Control reported 50 per cent jump in flu cases in first weeks of March

Tofino’s housing crisis causing some to seek shelter at the local hospital

Tofino’s housing crisis is pushing the town’s ‘hidden homeless’ population into the forefront.

Sentencing judge in Broncos crash calls for carnage on highways to end

Judge Inez Cardinal sentenced Jaskirat Singh Sidhu to eight years

2 fires in Victoria caused by cigarettes prompts warning from deputy fire chief

Two separate fires caused by cigarette butts were avoidable

Wildlife activists slam B.C. business, clubs for ‘wolf-whacking’ contests

Chilcotin Guns, Creston Valley Rod and Gun Club and West Kootenay Outdoorsmen Club under fire

‘Families torn apart:’ Truck driver in fatal Broncos crash gets 8-year sentence

Judge Inez Cardinal told court in Melfort, Sask., that Sidhu’s remorse and guilty plea were mitigating factors

Boy who went missing from park remains largest probe in Victoria police history

The four-year old Victoria boy went missing without a trace on March 24, 1991

Most Read