Global Courant 2023-04-29 02:37:45
The last full day of an inquest into the death of a man beaten by Vancouver police began Friday when the coroner’s presiding judge rejected a request from the family’s lawyer to have a photograph of his body released. seen at the scene of his fight with police officers, submitted as evidence for the jury to see.
Attorney Ian Donaldson, representing Myles Gray’s family, asked that one photo be entered on the basis that it would be “helpful” to the jury as they prepare to analyze days of testimony to determine Gray’s manner of death. classify.
“A picture is worth 1,000 words,” said Donaldson.
Gray, 33, died shortly after a fight with seven police officers in a wooded backyard in Burnaby, BC, on August 13, 2015. The two-week inquest also heard from officers speaking publicly about their actions as firefighters for the first time, paramedics, BC police watchdog personnel, a toxicologist, and the forensic pathologist who performed the autopsy.
A coroner’s inquest yields no findings of legal responsibility, but the five jurors are tasked with classifying Gray’s death as accidental, homicide, suicide, natural or undetermined.
They will also make recommendations to prevent similar deaths in the future.
Gray’s mother, Margie Gray, insisted on showing her “unrecognizable” son’s photo to the jury after seeing it in Donaldson’s hand during the proceedings.
On Friday, lawyers appeared on behalf of the Vancouver Police Department and Chief Const. Adam Palmer resisted the application to have the photo entered as evidence because it was not necessary given the other evidence before the jury.
Myles Gray’s mother, Margie Gray, right, is pictured outside the BC coroner’s office on the final day of the inquest into her son’s death on Friday. (Ben Nelms/CBC)
Christine Joseph, representing the seven police officers involved in the fight, said jurors heard “an abundance of evidence” about the extent of Gray’s injuries, including testimony from nearly two dozen witnesses and written details from the autopsy report.
“It’s not necessary for the jury to have (the photo), and I think it’s counterproductive to what (jurors) have to do,” said Joseph, who also expressed concern about the potential “emotional or traumatic effect” of the photo. on the jury.
Police representative David McKnight said the photo would be “deeply prejudicial” — or detrimental — to the inquest, because jurors would be left to make decisions “about what the photo does or doesn’t show” without the ability to question witnesses.
Presiding coroner ‘torn’ between transparency, procedure
Presiding Coroner Larry Marzinzik agreed with inquest counsel and decided that the photo would not be allowed at the late stage of the inquest because witnesses would not have a chance to provide context.
“I’m torn between full transparency and proper procedure,” said Marzinzik.
“Do I agree with (family attorney) Mr. Donaldson that the photo could have added value? Most likely at the appropriate time in the proceedings – not at the end of the proceedings before the jury was dismissed.”
Margie Gray left the room after Marzinzik made his decision.
The inquest is expected to end on Friday, although it could resume next week after Friday’s start of proceedings was delayed by two hours.
The forensic pathologist who performed an autopsy on Gray’s body described his cause of death as “cardio-pulmonary arrest”, complicated by police officers restraining him on the ground. Dr. Matthew Orde told the jury that he believed Gray was experiencing “acute conduct disorder,” but that he doesn’t believe Gray would have died had it not been for the police.
Gray had been in Vancouver to make a delivery to a florist shop for his business in Sechelt, BC. Police were initially called after local residents reported that an agitated shirtless man sprayed a woman with a garden hose.
