2 - Sunday. January 20, 1991 —- North Shore News

Police Board may appeal Supreme Court decision

THE WEST Vancouver Police Board will decide
whether the West Vancouver Police and West

Thursday
*. ancouver

District will appeal a recent B.C. Supreme Court award of
$15,000 to a Brink's guard who was mistaken for a bank

robber in the municipality.

David Freeman initiated a civil
suit utter he and another Brink's
guard were arrested in March of
1987 by West Vancouver Police
Cpl. Barry Nickerson.

Freeman's partner had entered
the wrong alarm company code
while servicing an automated teller

By Michael Becxer
News Reporter

machine at) che Marine Drive
branch of the Royal Bank in West
Vancouver.

later called the alarm
company back with the correct
code. But’ Nickerson had) already
been dispatched on the assump-
tion that a Brink's guard had had
a gun pointed to his head.

He found Freeman in uniform.
But his partner, who had just
transferred to the job, was wear-
ing civilian clothes. The two were
subsequently handcuffed and ar-
rested,

Freeman was awarded $10,000

the Supreme Court for a

Freeman

by

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breach of his Charter rights and a
further $§,000 in exemplary dan-
ages.

West Vancouver Folice Chief
Hal Jenkins said the suit is the
first of its kind prosecuted against
the local police department.

According to Jenkins, the
court’s decision is being reviewed
by the department's legal counsel
and will be the subject of a police
board meeting on Thursday.

“At that time the matter is
simply to determine whether we

should enter an appeal. Beyond
that we can’t make a whole lot of
comment,” Jenkins said.

Added the police chief ‘It
simply involved a distress code
coming in to our department and
we attended it. OF course when
you run into a scenario where you
have the one uniformed guy and
one in civvies, you don't know
what is going on and they
don’t even know what their code
iS — you neutralize the situation
and make it safe."

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