No charge approved against Campbell River Mountie

A male operating a motorcycle in Campbell River was injured after losing control of the motorcycle and sliding into a police vehicle

The B.C. Criminal Justice Branch will not be bringing charges against an RCMP officer involved in a crash with a motorcycle in Campbell River Dec. 2.

The Criminal Justice Branch received an investigative file from the Independent Investigations Office (IIO) in relation to an incident on Dec. 2, 2012 in which a male operating a motorcycle in Campbell River was injured after losing control of the motorcycle and sliding into a police vehicle.

“After a thorough review of the material provided by the IIO, the Branch has concluded that the available evidence does not support a substantial likelihood of conviction for either a criminal offence or an offence under the British Columbia Motor Vehicle Act against the RCMP officer who was operating the police vehicle,” a Criminal Justice Branch statement issued Monday says. “As such, no charges will be approved against this officer.”

It was around 2:10 a.m., Dec. 2 when police spotted a man riding a motorcycle on Dogwood Street.

He was traveling at a high rate of speed and wasn’t wearing a helmet.

In an attempt to stop him, an RCMP cruiser blocked off the centre lanes on Dogwood just south of 2nd Avenue.

But the motorcyclist turned onto Evergreen Road, sped west for about 800 metres and struck another police cruiser.

The man suffered serious head injuries and was taken by ambulance to hospital. The man’s name has not been released.

Due to the serious nature of his injuries, local Mounties turned the accident inquiry over to the Independent Investigations Office which conducted interviews and examined evidence. The office conducts criminal investigations into incidents that involve B.C. police officers that result in death or serious harm.

In April, chief civilian director Richard Rosenthal submitted his report to the Crown.

A May 27 report from the Criminal Justice Branch says, “Based on the investigative file as a whole, Crown counsel has concluded it is not possible to prove that the officer’s conduct in straddling the oncoming lane factually contributed to the loss of control by the operator of the motorcycle, and if so, that it constituted a marked departure from what one would reasonably expect in the circumstances, or demonstrated a lack of due care and attention within the meaning of the provincial Motor Vehicle Act.

“Had the operator not lost control of his motorcycle on either the asphalt or gravel portion of the shoulder, it appears from the evidence that there was room to travel around the stopped police vehicle on either side.”

– with files from Paul Rudan/Campbell River Mirror