B.C. RCMP constable being sued for alleged assault, false imprisonment

Lawsuit stems from traffic stop incident in November of 2017

A Comox resident is suing a member of the Comox Valley RCMP for an alleged assault, battery, false arrest and false imprisonment stemming from an incident in November 2017.

On April 6, 2018, a notice of civil claim was brought forth to the supreme court in Victoria by Richard Neary, lawyer for Oliver Cosette, against the B.C. Minister of Public Safety and Attorney General and Const. Geory Penner of the Comox Valley RCMP.

In the notice, it states the plaintiff was pulled over for a traffic stop in Comox on Nov. 7 around 1 p.m. when Penner searched Cosette’s name and discovered a Notice of Prohibition on record against him, indicating a three-month licence prohibition that had not yet been served.

Cosette claims he was unaware of any Notice of Prohibition at the time.

Penner wrote up a notice and served it to Cosette. As he approached Cosette’s vehicle with the document, Cosette activated video and audio recording on his mobile device and placed the device inside his pocket such that only audio was being recorded.

It is alleged in the notice that Penner then asked if Cosette had any drugs or alcohol in the vehicle, to which he answered ‘no.’ He then told Cosette he was on “a bunch of conditions” related to criminal charges and family violence. He disagreed with the constable, and the two argued for a moment on that topic.

It is stated in the notice the plaintiff was not facing any such charges or subject to any conditions.

Penner again asked if Cosette had any drugs or alcohol, to which he answered no. Penner then said “let’s open it up,” and opened the driver side door, to which Cosette responded, “without a warrant sir? You’re not getting in there.”

Penner then noted he was going to take Cosette’s vehicle and attempted to grab the notice document from his hand, and Cosette did not immediately release the document.

The constable then pulled Cosette to the ground and told him he was under arrest for obstruction. While he was on the ground with his hands behind his back, he told Penner “I have a really bad shoulder,” to which Penner replied, “It’s gonna get worse if you keep f***ing around.”

Cosette stated the constable was choking him. Penner then continued to talk to him while pulling his sweater tight around his neck, and said, “you’re choking me out sir.”

The notice alleges Penner responded, “go out, pretty princess. It’s that time.”

Cosette was then pulled to his feet and placed in the back seat of an RCMP cruiser. The audio recording of the incident ends at this point.

Later that day, the plaintiff visited the hospital due to the injuries sustained during the altercation.

In the notice, it states Cosette suffered and continues to suffer personal injuries to his shoulders, facial injuries and anxiety and emotional distress.

He is seeking general damages, special damages, damages pursuant to section 24(1) of the Charter of Rights and Freedoms, interest, costs of the action and any further relief as the court may see fit.

Calls by The Record to Cosette for comment were not returned.

Sgt. Janelle Shoihet, media relations officer for RCMP ‘E’ Division said the RCMP have yet to be served.

“Once we have been formally served, we will review the information with the Department of Justice and our official response will be filed in court as a statement of defence.”

None of the allegations have been proven in court.

Just Posted

VIDEO: Sopwith takes flight for Father’s Day at Museum of Flight

Dads got in free Sunday at “pops and props” event

VIDEO: TWU runner Yee wins Portland Track Festival

Competitor is most individually decorated Spartans track and field athlete in the program’s history

UPDATE: All lanes open after crash closed Sea-to-Sky near Lions Bay

Hwy. 99 not expected to re-open until 2:30 p.m.

BC Lions defensive back Marcell Young levels streaker in home opener

Young hit the fan near one of the 45-yard lines

Turnout up for Community Day in Langley City

“Perfect” weather leads more people to annual event at Douglas Park

REPLAY: B.C. this week in video

In case you missed it, here’s a look at replay-worthy highlights from across the province this week

B.C. NHL prospect expected to make ‘full recovery’ after incident in Calgary

Jordy Bellerive was injured in a reported house fire Saturday night

Police: Taxi driver who hit 8 Moscow pedestrians fell asleep

Two Mexican World Cup fans were among those hit

B.C. VIEWS: Orphans of our urban drug culture neglected again

Child advocate Bernard Richard leaves B.C. with harsh message

From marijuana beer to pot cookies, Canadian companies creating cannabis edibles

Manufacturers think that edibles will do well with users who don’t want to smoke or vape

Privacy lawyer warns against victim blaming in recent sextortion scams

Perpetrators get sexual photos of the victim and threaten to share them with friends and families

Motorcycle crash sends man to hospital with life-threatening injuries

Rider collided with a car near Edmonds SkyTrain in Burnaby

QB Jennings leads Lions to 22-10 win over Alouettes

B.C. wins CFL home opener over Montreal

Most Read