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'Not possible'
Andy Ivens - CanWest News Service
July 6, 2007
Related - Mother and sister of man shot by police to testify at Houston, B.C., inquest
A five-person coroner's jury will begin deliberations Friday about recommendations aimed at preventing a recurrence of the in-custody shooting death of mill worker Ian Bush by an RCMP officer.
After seven days of emotional testimony and conflicting evidence, the four men and one woman must now decide what happened inside the interview room at the local detachment on Oct. 29, 2005.
Constable Paul Koester says the 22-year-old Mr. Bush turned violent while he was being booked after being arrested for giving a false name when stopped with an open bottle of beer outside a hockey game.
The officer says that after a brief but violent struggle, Mr. Bush was choking the life out of him when he managed to free his nine-millimetre firearm, pistol-whip the young man three times and then shoot him in the back of the head. He says Mr. Bush was behind him and on top of him when the shot was fired.
However, his memory of the events is spotty; the Bush family thinks he is not being honest; and a forensic expert who was the last person to testify yesterday said the physical evidence does not support the constable's account.
"[Mr.] Bush was not on top of him, strangling him, when the shot was fired," said Joseph Slemko, an Edmonton Police Service constable and a private forensic consultant brought in by the Bush family. "I'm of the opinion [Const.] Koester was behind him. The version of Mr. Bush on Const. Koester's back, choking him, is not possible."
Const. Slemko's qualifications and his opinion as an expert, though, were ridiculed by RCMP lawyer David Butcher, who insisted his report was not credible and said his own police department does not use him as a forensic specialist. The lawyer had to be warned by the coroner to remain respectful of the witness after he called a comment in his report a "stupid mistake" and emphasized that he was still only a constable after 21 years on the force.
"I'm proud to be a constable," Const. Slemko replied, his face flushing. "I have no interest in promotion."
He acknowledged he left the Edmonton forensic unit in 1998 and now works as a crime analyst. He said he had testified in only one Canadian trial in the past decade as an expert. Const. Slemko also told the inquest he has been cited for insubordination twice for his forensic work outside his force, once as a result of a complaint by the RCMP because he testified for the defence in a case that resulted in stayed murder charges.
That complaint by the Mounties still riles him: "If you want to challenge me, challenge me in court, not through the back door."
Const. Slemko said that the Mounties are upset at him because he does not work solely for the prosecution. "I'm proud to say I have a balanced resume," he testified. "The truth is what I seek --not convictions."
His cross-examination by Mr. Butcher was testament to the animosity that exists, as the RCMP lawyer belittled Const. Slemko and spent most of the day discounting his conclusions. "It would seem to me that this man is no longer working as a professional in this field. He maintains an amateur's interest in the field. It's my submission he shouldn't be giving opinion evidence to this jury when his own department won't use him."
Const. Slemko said outside the inquest after testifying that, "This was the worst thing I've had to deal with in my life."
He said he had lost sleep over the inquest and was dealing with considerable stress for testifying against a fellow police officer.
"But I have to do the right thing," he said. "I'm sad [Mr. Butcher] resorted to that."
In spite of Mr. Butcher's objections, coroner Shane DeMeyer accepted Const. Slemko's qualifications and allowed him to testify as an expert. Const. Slemko told the jury he has "not found any evidence that supports Const. Koester's version of the positions of himself and [Mr.] Bush at the time the bloodstain patterns were created."
Nearby, Mr. Bush's mother, Linda, said she was glad the evidentiary phase of the inquest was over. "I hope the jury is going to now make some good recommendations," she said. "We wish there had been a little more thorough job [done by the Mounties].
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