B.C. RCMP constable being sued for alleged assault, false imprisonment

Lawsuit stems from traffic stop incident in November of 2017

A Comox resident is suing a member of the Comox Valley RCMP for an alleged assault, battery, false arrest and false imprisonment stemming from an incident in November 2017.

On April 6, 2018, a notice of civil claim was brought forth to the supreme court in Victoria by Richard Neary, lawyer for Oliver Cosette, against the B.C. Minister of Public Safety and Attorney General and Const. Geory Penner of the Comox Valley RCMP.

In the notice, it states the plaintiff was pulled over for a traffic stop in Comox on Nov. 7 around 1 p.m. when Penner searched Cosette’s name and discovered a Notice of Prohibition on record against him, indicating a three-month licence prohibition that had not yet been served.

Cosette claims he was unaware of any Notice of Prohibition at the time.

Penner wrote up a notice and served it to Cosette. As he approached Cosette’s vehicle with the document, Cosette activated video and audio recording on his mobile device and placed the device inside his pocket such that only audio was being recorded.

It is alleged in the notice that Penner then asked if Cosette had any drugs or alcohol in the vehicle, to which he answered ‘no.’ He then told Cosette he was on “a bunch of conditions” related to criminal charges and family violence. He disagreed with the constable, and the two argued for a moment on that topic.

It is stated in the notice the plaintiff was not facing any such charges or subject to any conditions.

Penner again asked if Cosette had any drugs or alcohol, to which he answered no. Penner then said “let’s open it up,” and opened the driver side door, to which Cosette responded, “without a warrant sir? You’re not getting in there.”

Penner then noted he was going to take Cosette’s vehicle and attempted to grab the notice document from his hand, and Cosette did not immediately release the document.

The constable then pulled Cosette to the ground and told him he was under arrest for obstruction. While he was on the ground with his hands behind his back, he told Penner “I have a really bad shoulder,” to which Penner replied, “It’s gonna get worse if you keep f***ing around.”

Cosette stated the constable was choking him. Penner then continued to talk to him while pulling his sweater tight around his neck, and said, “you’re choking me out sir.”

The notice alleges Penner responded, “go out, pretty princess. It’s that time.”

Cosette was then pulled to his feet and placed in the back seat of an RCMP cruiser. The audio recording of the incident ends at this point.

Later that day, the plaintiff visited the hospital due to the injuries sustained during the altercation.

In the notice, it states Cosette suffered and continues to suffer personal injuries to his shoulders, facial injuries and anxiety and emotional distress.

He is seeking general damages, special damages, damages pursuant to section 24(1) of the Charter of Rights and Freedoms, interest, costs of the action and any further relief as the court may see fit.

Calls by The Record to Cosette for comment were not returned.

Sgt. Janelle Shoihet, media relations officer for RCMP ‘E’ Division said the RCMP have yet to be served.

“Once we have been formally served, we will review the information with the Department of Justice and our official response will be filed in court as a statement of defence.”

None of the allegations have been proven in court.

Just Posted

Mountain biker rescued

An injured mountain biker has been rescued by Fernie Search and Rescue.

Cameras to capture airborne dust

The District of Sparwood will install two cameras to document airborne dust caused by a nearby mine.

Housing affordability in spotlight

Elkford residents will soon learn the results of a survey on affordable housing for seniors.

Veteran golfer reflects on club anniversary

With a spring in his step, Patsy Caravetta hops up the steps… Continue reading

30 degrees and warmer forecasted with heat wave in B.C.

The weather could stay well into next week, according to Environment Canada

Canada won’t ‘play politics’ on U.S. migrant children policy

The U.S. government is under fire over its ”zero tolerance” policy

Late goal gives England 2-1 win over Tunisia

At the last World Cup in 2014, England couldn’t even win a game

Canadian military police officer pleads not guilty to sex assault

Sgt. Kevin MacIntyre, 48, entered his plea today at a court martial proceeding in Halifax

RCMP identify Beasley body, foul play suspected

The remains of Lemar Halimi were discovered in May

Cheers erupt as Federal Court judge approves historic gay purge settlement

Gay military veterans said they were interrogated, harassed and spied on because of their sexuality

Remains of two people found on Vancouver Island

Officials have not said whether or not the remains belong to two missing men, last seen in Ucluelet in mid-May

Helping B.C.’s helpers cope

The MRT has helped almost 7,000 first responders and street workers in 57 communities in B.C.

Border officials argue B.C. man’s Facebook posts threat to Canada’s security

A B.C. Supreme Court judge acquitted Othman Hamdan of terrorism charges last September

Reena Virk’s mother has died

Both of Virk’s parents became activists against bullying in wake of daughter’s death

Most Read