The family of Myles Gray, the man who died in a violent altercation with seven Vancouver police officers in August 2015, has seen their push for accountability further delayed – this time because of an obscene remark uttered into a hot mic at the public hearing into his death.
The Office of the Police Complaints Commissioner ordered the hearing to consider allegations of misconduct against the VPD officers.
The hearing is now scheduled to resume on Tuesday morning, not to hear evidence pertaining to Gray’s death, but to hear arguments about whether hearing counsel Brad Hickford should continue in his role.
Richard Neary, a lawyer representing Hickford, read a resignation letter on his behalf at the start of Monday’s hearing session.
The remark in question was made last Wednesday during testimony by Sgt. Robert Nash, an RCMP officer who led the Police Act investigation into the conduct of the officers involved in Gray’s death.
As Hickford led Nash through a series of police radio transmissions from the time of the incident, Hickford suggested there was a portion that could be skipped because it had to do with other officers coordinating traffic control and did not relate directly to the conduct of the officers involved in the brawl with Gray.
Adjudicator Elizabeth Arnold-Bailey initially seemed willing to grant Hickford’s request, but canvassed other lawyers with standing at the hearing for their opinions.
Claire Hatcher, who represents Const. Beau Spencer, then stood to say that it would be her preference to hear all of the radio transmissions.
Moments later, someone muttered “stupid c**t” under their breath.
The remark was audible to some people in the room and was also heard on an audio livestream of the proceedings being broadcast publicly.
Not everyone in the room heard it when it happened and the hearing continued for 20 minutes and then broke for lunch.
At the start of the afternoon session, the adjudicator and the assembled lawyers went into a closed-door session to discuss the obscene remark.
CTV News has learned Hickford denied making the remark when initially confronted about it.
The Law Society of B.C. has said it is investigating the matter.
Hickford resigns
As hearing counsel, Hickford acts in a prosecutorial role, calling witnesses and introducing evidence.
Arnold-Bailey told the hearing he had conducted extensive preparation dating back more than a year.
In the resignation letter read by Leary on Monday morning, Hickford did not admit to making the remark – but did say that if it was him, it was unintentional, and he has no memory of saying it.
“I have come to the view that the derailing of the public hearing is at this point inevitable,” Hickford wrote in his resignation letter. “Accordingly, I feel duty-bound to withdraw as public hearing counsel to do what I can to protect the integrity of the OPCC, and to maximize the chances of the public hearing, which is extremely important, resuming as soon as possible.”
‘Let’s get over it and get on with it’
Arnold-Bailey then weighed in to indicate that it would be her strong preference for the hearing to continue with Hickford in his role as hearing counsel.
She called the remark unfortunate and vulgar and acknowledged it seemed to be directed at herself of Hatcher, but said it should not delay the continuation of the hearing.
“Why would we let a few vulgar words uttered into a mic delay and possibly destroy all that has been done to date to have this public hearing?” Arnold-bailey said.
“I say that not to minimize the vulgarity of what was said, but simply to say that, perhaps, the task that we are about here is more important.”
Neary said if the adjudicator invited Hickford to return in his role, his client is prepared to do so.
Arnold-Bailey also expressed some doubt that it was actually Hickford who made the comment.
“Having read the transcript, and more importantly, having listened to the tape, I find that I am left with a doubt as to who uttered the vulgarity,” Arnold-Bailey said.
At the time the comment was made, there were microphones placed on each of several tables where lawyers, respondent officers and OPCC staff were seated.
When the hearing resumed on Monday, most of the microphones had been removed except for two at podiums at the front of the room and one at the adjudicator’s table.
Arnold-Bailey reminded all counsel involved to treat each other with civility, respect and courtesy.
“Let’s get over it and get on with it,” she said. “And let the Law Society investigate the matter as they see fit.”
Gray family wants to continue
Members of the Gray family were not in attendance on Monday but tell CTV News they were listening to a livestream of the hearing from their home on the Sunshine Coast.
They said the possibility of the hearing being further delayed, or possibly cancelled, causes them a great deal of stress.
Their lawyer, Ian Donaldson, addressed the adjudicator and said it would be the Gray family’s preference for the hearing to continue without delay.
Lawyers for the seven respondent officers then asked the adjudicator for an adjournment so that they could evaluate their positions and present a coherent argument on whether Hickford should be allowed to return.
Arnold-Bailey granted an adjournment until Tuesday morning.
“In my respectful view, we ought not to elevate an unfortunate, obscene comment, a vulgar comment, to the level where we’re thinking that it’s more important than the public interest in getting to the bottom of what happened,” Donaldson said in a media scrum after the hearing was adjourned.
“It will only add to the pain of the Gray family if there’s a further delay.”
