The hearing into the August 2015 death of Myles Gray following a violent confrontation with seven Vancouver police constables has been adjourned for four weeks.
Hearing counsel Brad Hickford, who resigned over a hot mic incident, has been replaced.
CTV News has learned Vancouver criminal lawyer Brock Martland has now been appointed to the role.
The adjudicator said it was necessary to adjourn the hearing to allow the new lawyer time to familiarize himself with the case.
Hearing counsel plays a critical role in public hearings ordered by the Office of the Police Complaints Commissioner because they act much as a prosecutor does in a criminal court.
The hearing counsel is responsible for preparing witnesses and introducing evidence.
According to adjudicator Elizabeth Arnold-Bailey, Hickford spent more than a year preparing for the Gray hearing.
Last week, during an exchange involving Hickford, Arnold-Bailey, and Claire Hatcher, who represents Const. Beau Spencer, someone muttered the words “stupid c**t,” which was captured by microphones in the room, and also broadcast live on a public audio stream.
Hickford has denied that he made the obscene comment. Arnold-Bailey has also expressed some doubt about who made the remark. Nevertheless, Hickford chose to resign.
In a resignation letter he said the move was necessary in order for the hearing to continue without further delay.
On Monday, Arnold-Bailey said it would be her preference to have Hickford stay on in his role, but counsel for the respondent members opposed his continued involvement.
Lawyer Richard Leary, who represents Hickford, told the hearing on Tuesday that it was his understanding that counsel for the respondent members had threatened to file court motions to have Hickford removed if the decision was made that he should continue.
“The unfortunate circumstances that arose involving Mr. Hickford have deflected really on the whole focus of this inquiry,” said Glen Orris, counsel for Const. Derek Cain. “Continuing with Mr. Hickford would effectively taint the process.”
In a statement to CTV News, the Gray family expressed gratitude to Arnold-Bailey for adapting the process in an unprecedented situation.
“We have all waited so very long for accountability and justice that a minor delay will not deter or break us,” the family wrote in the statement. “Myles deserves to be resting in peace and for that to happen the truth must be exposed, however long that shall take.”
Hickford has agreed to assist Martland as he makes himself familiar with all the material that he is now responsible for introducing when the hearing resumes.
Donaldson said he is confident Martland can be brought up to speed in the allotted time.
“A lot of the work that goes into creating the brief has been done. New counsel has a large job to do, that’s for sure,” he said. “And assuming that he or she has time set aside and available, this is a manageable brief to pick up in several weeks.”
On the day Gray died, a bystander called Vancouver police to say Gray had sprayed a woman with a garden hose and was acting in a concerning manner.
Const. Hardeep Sahota was the first officer to arrive.
She testified at a coroner’s inquest that she felt threatened when she attempted to question Gray.
Sahota called for backup and eventually a total of seven VPD members were involved in the physical confrontation with Gray that led to his death in a secluded backyard on the Burnaby side of Boundary Road.
No charges have ever been laid in the case, and the officers have not been found to have committed any wrongdoing.
The public hearing was scheduled to determine if any of the officers committed misconduct by using excessive force, or by failing to promptly take and submit notes about the deadly interaction.
Barring any further delays, the hearing will resume on Feb. 24.
