Pubdate: Fri, 13 May 2005
Source: Province, The (CN BC)
Copyright: 2005 The Province
Contact:  http://www.canada.com/vancouver/theprovince/
Details: http://www.mapinc.org/media/476
Author: Andy Ivens

COP DENIES FULL RESPONSIBILITY

Partner May Have Co-Written Report: Gemmell

Chance played a part in the harsh punishment dealt Const. Duncan Gemmell, 
one of six Vancouver police officers who pleaded guilty to assaulting three 
men in Stanley Park two years ago.

Gemmell, who admitted to falsifying the official report on the incident, 
and Const. Gabriel Kojima, who is accused of using his steel baton on at 
least one of the drug dealers, have been suspended. Police Chief Jamie 
Graham has recommended they be fired. A hearing is under way to determine 
if they should keep their jobs.

Gemmell said yesterday that it could easily have been his partner, Const. 
Ray Gardner, who filed the report, which glossed over the incident and 
omitted the presence of two officers.

Gemmell told adjudicator Donald Clancy that he and Gardner alternated 
duties -- one day driving the cruiser, the next day sitting in the 
passenger seat. The passenger wrote the reports.

Gemmell said the night shift on Jan. 14-15, 2003, the day of the assaults, 
was tough on him because he was suffering from a migraine. But he didn't 
beg off writing the report because of it.

"It was a poorly written report," Gemmell told police complaint commission 
counsel Dana Urban.

"This report you authored?" asked Urban.

"Co-authored," said Gemmell.

"It's got your name on it," said Urban.

"It's got two names on it," countered Gemmell.

Pressed by Urban to take full responsibility for the omissions in the 
report, Gemmell declined.

"Const. Gardner deleted some of the information in it," said Gemmell.

"Did he actually type some of these words?" asked Urban.

"He may have," replied Gemmell.

On a list of agreed statements of fact at a discipline hearing in January 
2004, Gemmell admitted: "Deceit for filing a false and misleading general 
occurrence report."

But yesterday, Gemmell testified the report "wasn't deceitful," nor was he.
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