West Vancouver Police Chief Constable Peter Lepine has received the report of Abbotsford Chief Constable Bob Rich regarding recommended Disciplinary Action against Cst. Griffin Gillan #235. 

Chief Lepine has directed the recommendations of Chief Rich be released in their entirety now to inform the public of this important step in the Police Act Disciplinary Process regarding Cst. Gillan. 

West Vancouver Police have personally informed Mr. Firoz Khan of the recommendations from Chief Rich.

Recommendations of Chief Rich are now subject to review by the Office of the Police Complaints Commissioner and are not considered final until approved by the OPCC. 

The Police Complaints Commissioner was informed of Chief Rich's findings February 2nd, and has 30 days to either approve or alter the recommendations.

As this matter remains before the Office of the Police Complaints Commissioner,  West Vancouver Police must reserve further comment beyond the included statement of Chief Lepine.

The full report of Chief Rich is separately posted on our website at www.wvpd.ca/breakingstories 

Statement of Chief Lepine

On January 20, 2009, Cst. Griffin Gillan and two other off-duty police officers from municipal police departments were spending the evening in Downtown Vancouver.

The activities of that evening culminated in an assault upon Mr. Firoz (Phil) Khan, a man who was delivering newspapers at the time.
 

As a result of Cst. Gillan’s actions that evening he became the subject of two separate investigations: A criminal investigation into the assault, which was lead by the Vancouver Police Department; and a BC Police Act investigation and disciplinary hearing, which were lead by Abbotsford Police Department Chief Constable Bob Rich.
 

The criminal trial resulted in Cst. Gillan pleading guilty to a charge of Common Assault and receiving a 21-day conditional sentence.
 

“It is not my intention, nor is it my role, to comment on specific court decisions,” said West Vancouver Police Department Chief Pete Lepine. “I will say that it is tremendously disappointing for both the public and other police officers when a police officer breaks the laws they have committed their professional lives to upholding. And it is important for their colleagues and the community they serve to see that there are consequences when that happens.”
 

The Police Act investigation resulted in Cst. Gillan admitting to two breaches of conduct.

On February 2, 2010 Chief Constable Peter Lepine received Chief Rich’s decision and recommendations.
 

“I would like to thank the officers of the Vancouver Police Department and C/Cst. Rich for conducting thorough and fair investigations and C/Cst. Rich for rendering a timely, appropriate, and well-reasoned decision,” said Lepine. “Under the current Police Act, I could have presided over Cst. Gillan’s investigation but I delegated that authority because I am committed to both being and being seen to be transparent and accountable. Maintaining public trust and confidence is critical to the success and effectiveness of any police department, and that means going beyond minimum standards in any instance where the integrity and reputation of this department could be in jeopardy.”
 

Cst. Gillan has been suspended without pay from the West Vancouver Police Department pending the outcome of these investigations. Chief Rich’s decision has now been forwarded to the Office of the Police Complaints Commissioner for final review and approval.
 

BACKGROUND

On January, 20, 2009, Cst.  Gillan and two other off-duty police officers from municipal police departments were out for the evening in downtown Vancouver. All three were off-duty. All three became extremely intoxicated and at 2:30 a.m. Cst. Gillan initiated an assault on a newspaper delivery man named Firoz (Phil) Khan. The assault took place in the 600 block of Burrard Street in Vancouver and required a response by members of the Vancouver Police Department. The subsequent investigation by the Vancouver Police Department resulted in criminal charges of Assault being laid against Cst. Gillan.  plead guilty at the criminal trial.

As the incident involved the actions of police officers investigations were also initiated under the Police Act to examine the conduct of those officers in relation to their duties & obligations under the Act.

Chief Constable Peter Lepine of the West Vancouver Police Department appointed Chief Constable Bob Rich of the Abbotsford Police Department to be the Disciplinary Authority for the Police Act investigation involving Cst.Gillan.

Chief Rich presided at a disciplinary proceeding the following were among his findings:

•       Cst. Gillan’s assault on Mr. Khan was unprovoked and fuelled by extreme intoxication.

•       Cst. Gillan was so intoxicated that he has no memory of this incident.

•       Contrary to what was reported in the media in the aftermath of the assault

o   Mr. Khan received soft tissue injuries from the assault but did not have cuts or visible injuries to his head or hands.

o   Cst. Gillan did not steal anything from Mr. Khan.

o   Cst. Gillan did not make any racist remarks about or to Mr. Khan.

At the criminal trial in relation to the Assault charge, Cst. Gillan pled guilty and received a 21-day conditional sentence.

•       In a statement read out during the criminal trial, Cst.  Gillan apologized to Mr. Khan, the members of the West Vancouver Police Department and the members of the Vancouver Police Department who were subjected to his behaviour that night.

At the disciplinary proceeding related to the Police Act investigation Cst. Gillan admitted to two disciplinary defaults; Improper Off-Duty Conduct, and Conduct Constituting an Offence. 

On February 1st, 2010, Chief Rich proposed the following disciplinary measures be taken:

•       That Cst. Gillan be reduced in rank to probationary constable, affecting both his pay and his status

•       That Cst. Gillan  be suspended without pay for 120 hours.  (Note: Cst. Gillan has been suspended without pay by the West Vancouver Police Board since March of 2009. The combined impact to Cst. Gillan of the suspension without pay and the above disciplinary and corrective measures is approximately $120,000 in gross wages lost.)

•       That Cst. Gillan be required to take alcohol counselling.

Chief Rich’s recommendations have now been forwarded to the Office of the Police Complaints Commission where they will be reviewed. 

Final approval of the recommendations, and the final decision as to Cst. Gillan’s discipline, is at the discretion of the OPCC.

On February 1st, 2010, Chief Rich proposed the following disciplinary measures be taken:

•       That Cst. Gillan be reduced in rank to probationary constable, affecting both his pay and his status

•       That Cst. Gillan  be suspended without pay for 120 hours.  (Note: Cst. Gillan has been suspended without pay by the West Vancouver Police Board since March of 2009. The combined impact to Cst. Gillan of the suspension without pay and the above disciplinary and corrective measures is approximately $120,000 in gross wages lost.)

•       That Cst. Gillan be required to take alcohol counselling.