By Stephanie Ip, The Province May 24, 2013
The Office of the Police Complaint Commissioner announced Friday a public hearing would be scheduled in the near future to hear the case of Const. Ken Jansen of the South Coast B.C. Transportation Authority.
According to the Police Act, an officer is entitled to a public hearing if the proposed discipline includes dismissal or a reduction in rank.
On April 22, 2010, Jansen and RCMP Const. Mitchell Spears were both involved in an incident at Surrey Memorial Hospital involving patient Robert Keith Booker. Jansen was at the hospital on an unrelated matter.
Booker, now 77, had been arrested under the Mental Health Act and was in police custody at the time of the incident. Jansen is alleged to have delivered knee strikes to Booker, as Spears allegedly restrained and used a Taser on Booker.
In March of this year, a judge stayed criminal charges against both officers after determining their case had taken too long to go to trial. B.C. Provincial Court Judge Ronald Lamperson ruled a 22-month delay was “not reasonable” and that Jansen’s rights to be tried within a reasonable time had been infringed.
However, the OPCC has concluded its own investigation and new allegations of misconduct have been brought against Jansen.
According to Police Complaint Commissioner Stan T. Lowe, Jansen is alleged to have committed one act of abuse of authority, five acts of deceit, and one act of discreditable conduct.
“During the course of investigations, further allegations of misconduct were added pursuant to the Police Act in relation to Const. Jansen’s actions,” Lowe wrote. “After considering the evidentiary issues associated with this incident, I am of the view that … a public hearing is required to provide the necessary transparency and accountability, to preserve public confidence in the investigation of misconduct and the administration of police discipline.”
Jansen faces discipline up to and including dismissal following the public hearing. He has been suspended with pay since September 2010.