Former judge says Vancouver jail guard should have been charged with assault

Elevate your local knowledge

Select Region

Selecting your primary region ensures you get the stories that matter to you first.

VANCOUVER – A retired judge has ruled that a former Vancouver jail guard who used a key to punch a handcuffed prisoner should have faced a criminal charge in the incident.

No charges were laid against guard Thomas Driscoll in the 2010 incident, and Vancouver Police later determined he abused authority and ordered retaining and a written reprimand.

The B.C. Police Complaints Commissioner then appointed former provincial court judge Alan Filmer to review the case, and Filmer has ruled that charges of assault causing bodily harm or assault with a weapon should have been laid.

While Driscoll no longer works at the jail, Filmer has ruled the man should receive a five-day suspension without pay in the matter.

Filmer says the cuffed prisoner was vulnerable and offered only mild resistance, yet Driscoll assaulted the man out of frustration.

The ruling says Driscoll used a four-inch handcuff key, sticking out from between the fingers of his right fist to punch Driscoll, leaving puncture marks in the victim’s forearm.

News from © The Canadian Press, . All rights reserved.
This material may not be published, broadcast, rewritten or redistributed.