The Independent Investigations Office (IIO) has wrapped up its investigation into an officer related incident that saw a Kelowna paper carrier struck and injured during a high speed police chase in December 2013.
After reviewing reports from the investigation that included witness accounts and physical evidence from the scene, Chief Civilian Director Richard Rosenthal has determined that an RCMP officer may have committed an offence, and the file has been turned over to Crown Counsel to review.
If they do go ahead with charges, the Crown must be satisfied that not only an offence may have been committed, but that the commission of an offence can be proven in court beyond a reasonable doubt. In making their assessment, they will apply a two-part test:
- There must be a substantial likelihood of conviction based on the evidence gathered by the investigating agency.
- A prosecution must be required in the public interest.
Crown spokesperson Neil McKenzie has confirmed that they've received the file, but says a charge assessment review is still underway.
It should be noted that the director does not make recommendations on whether charges should be approved or what charges the Crown should consider. That is left up to the Criminal Justice Branch who has jurisdiction over the charge assessment and charge approval process.
The driver of the car being chased by police recently admitted to being behind the wheel and has been charged with multiple offences.