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New Probe ordered into Bennis death
Shot by police. Ethics committee gives first account of fatal event
Source: Montreal Gazette August 14 2008
The family of a man gunned down by a Montreal police officer in 2005 sees news that the Police Ethics Commission will reopen its inquiry into his death as a partial victory.
But Najlaa Bennis, sister of Mohamad Anas-Bennis, 25, said she believed the full story is more likely to emerge from a coroner's inquest scheduled for the end of September.
"It's just unfortunate that all this takes so long, because people forget," said Bennis, an accounting student.
She said the ethics commission's work "is a waste of time" because police are not obliged to testify and face cross-examination.
The review was ordered by the the Police Ethics Committee after it looked into complaints Bennis's father made about the commission's report on his death, which was issued in April.
That report rejected most complaints against constables Yannick Bernier and Jonathan Roy and found no fault with the way Quebec City police handled their investigation of the shooting.
The committee, which is an independent tribunal, ordered the commission to review Roy's failure to use "intermediate coercive measures" to subdue Bennis.
An expert in Quebec police procedures is expected to be consulted on Roy's actions.
Police actions in this case are related to the shooting of an unarmed man in Montreal North Saturday, noted Fo Niemi, executive director of the Centre for Research Action on Race Relations.
"It's the same question: were police justified to use their firearms or should they have used intermediate coercive measures."
The ethics committee report included the first account of the commission's reading of the incident, when Roy shot Bennis as Bernier was pointing his weapon at him.
Other police officers were at the scene executing a search warrant in a building on Kent Ave. that had no security perimeter around it.
This is confirmed by footage taken from a security video camera on an adjoining building.
Roy was walking toward the building "taking little notice of a passing individual" (Bennis).
At this point, according to darker and hazier video images, Bernier emerged from a vehicle and headed to the same address when he "collided" with Bennis "in a scenario similar to a sudden and unexpected attack."
The commission said the sudden "attack," with its surprise effect and speed, made it plausible that Bernier feared for his life.
One civilian witness observed the attacker - the report refers to Bennis as the attacker - "hit the police officer like a train, head on; he hit his face and he fell."
Cut in his neck, Bernier dragged Bennis to the ground and felt an injury to his thigh.
Bernier, who could not get up quickly, felt "physically weakened."
"He said he was convinced he had to counter-attack urgently against this individual who was disobeying simultaneous orders" from both officers.
According to various accounts, things happened rapidly.
Bennis, "armed with a knife," gestured in Bernier's direction, who pointed his gun at him.
Bernier, feeling "paralyzed" on the ground, said he saw this as "the final assault on his life."
"Shooting became his only recourse because the attacker is paying no attention to warnings from his colleague to drop the knife," the report noted.
According to Roy, despite repeated warnings, Bennis refused to drop his knife and got up.
Bernier fired two shots that killed Bennis.
The commission concluded that given the sudden nature of the aggression, its rapid evolution, the attacker's perceived determination and the vulnerability of the injured constable, Bernier had good reasons to believe his life was in danger when Bennis made his last move.
The report concluded the two cops were not careless or did not use poor judgment in firing their service revolvers.