An internal police probe into an unlawful arrest of a Saanich man has found there was no misconduct by the arresting officer.
Saanich man Andrew Mclean filed a complaint with the Office of the Police Complaints Commissioner (OPCC) back in January after he recorded a confrontation with a police officer.
The video shows the officer making an arrest for obstruction of justice after McLean refused the officer’s request to show his I.D. It shows the officer saying he is stopping people to as about a nearby arson.
Saanich Police investigated the matter and now says in a report that McLean's allegations that Constable Francisco Aviles abused his power by detaining him and used unnecessary force are unsubstantiated.
However, the report did conclude the officer was wrong in making the arrest.
“In regard to Constable Aviles further search of Mr. McLean after the arrest, I agreed with Sergeant Millard that this constituted an unlawful search as grounds for an arrest,” wrote Chief Inspector Terry Parker in the report. “His ignorance of the law does not itself constitute misconduct as defined in the Police Act Section 77(3).”
McLean spoke with CTV Vancouver Island and said he was disappointed by the findings.
“There’s a problem within the BC Police Act that allows police to investigate police, said Mclean. “And it doesn’t take a genius to figure out that is a severe conflict of interest.”
The Office of the Police Complaints Commissioner is now investigating the Saanich Police findings.