Ontario's Special Investigations Unit says there was no "unlawful conduct by an officer" during an arrest involving Halton Police that left a suspect with serious facial injuries.
According to an SIU report issued Dec. 22, Halton Regional Police Police Service (HRPS) Tactical Unit officers were called to assist Peel Regional Police with the execution of a search warrant at a Mississauga apartment unit on Aug. 28.
Peel Police had identified the occupants of the apartment as having been involved in a recent incident involving a firearm. Officers forced open the apartment door and stormed inside following the deployment of a distractionary device.
The report stated that officers saw a 44-year-old man lying on the bed in the bedroom face down, and they handcuffed him behind the back. The man was later taken to hospital where he was diagnosed with fractures of the left orbital and zygomatic bones.
On his assessment of the evidence, SIU Director Joseph Martino determined there were no reasonable grounds to believe that an officer committed a criminal offence in connection with the man’s arrest and injuries.
"The (officer) was lawfully placed inside the apartment and within his rights in seeking to arrest the complainant," wrote Martino in the report summary. "He and the other HRPS TU officers were acting on the authority of a search warrant, which identified the apartment’s occupants as being wanted in relation to a kidnapping."
Martino acknowledged the suspect's injuries were caused during the altercation with police, but noted the evidence - including witness statements - did not support claims that excessive force was used.
"While I accept that the complainant’s injuries were incurred in the altercation that marked his arrest, I am not reasonably persuaded that they were the result of any unlawful conduct by the arresting officers," wrote Martino. "As such, there is no basis for proceeding with criminal charges in this case. The file is closed."
