The public hearing into the 2015 police-involved death of Myles Gray is postponed once more due to a conflict of interest with legal representation for one of the seven officers under investigation.

Inquest Faces Further Setbacks

This delay adds to a series of setbacks that have hampered the inquest’s progress, frustrating the Gray family and the presiding adjudicator. The inquest into the death of Myles Gray, a 33-year-old man who died in 2015 following an encounter with Vancouver police, is facing yet another delay.

Constable Nick Thompson requires new legal representation after his previous lawyer, Scott Wright, was appointed a judge to the B.C. provincial court. This appointment created a conflict of interest, necessitating a change in counsel.

Previous Disruptions to the Hearing

The hearing, which began in January, was previously halted when a live microphone captured an inappropriate comment. This led to the resignation of the original hearing counsel, Brad Hickford, who was subsequently replaced by Brock Martland.

Background of the Case

The Gray family initiated the inquest to determine whether the Vancouver officers engaged in misconduct during the violent arrest of Myles Gray on August 13, 2015. Gray sustained severe injuries, including a fractured eye socket, a crushed voice box, and ruptured testicles, ultimately leading to his death.

A coroner’s inquest previously ruled his death a homicide. However, a subsequent police disciplinary review found no misconduct on the part of the seven officers involved, and no criminal charges have been filed.

Officer Representation and Scheduling

The other officers under scrutiny are Constables Kory Folkestad, Derek Cain, Josh Wong, Eric Birzneck, Beau Spencer, and Hardeep Sahota. Discussions arose regarding the possibility of Josh Wong’s lawyer, Kevin Westell, representing both Wong and Thompson, but Thompson ultimately decided to retain independent counsel.

Westell confirmed that he and Wong agreed this was the most appropriate course of action, acknowledging the necessity of a delay to allow new counsel sufficient time to prepare.

Adjudicator's Concerns and Potential Resumption Dates

The adjudicator, Arnold-Bailey, expressed her frustration with the repeated delays, stating that the matter had been ongoing for an extended period and that the public interest demanded a swift resolution. She emphasized the importance of procedural fairness, acknowledging Constable Thompson’s right to legal representation.

Counsel for the Police Complaint Commissioner, Chris Considine, estimated that approximately 15 days would be required to present evidence and three days for closing submissions. He suggested resuming the hearing in the fall, after the FIFA World Cup events in Vancouver.

Potential dates in September, October, November, and December were circulated, with Arnold-Bailey indicating her availability from late September onwards. The ongoing delays underscore the complexities of the case and the challenges in achieving a timely outcome.