The Mississauga woman struck by a stray police bullet while standing in her kitchen is seeking a judicial review of the police watchdog decision not to lay a criminal charge against the unnamed Peel police officer who pulled the trigger.

The unconventional legal move is the latest attempt by Suzan Zreik, 23, to learn the identity of the Peel Regional Police officer she alleges should face a charge of criminal negligence causing bodily harm for firing a gun in busy residential complex — sending a bullet careening through Zreik’s kitchen window and into her back, one inch from her spine.

Court documents filed in court Friday seeking the judicial review also make new allegations that Peel officers questioned Zreik immediately after she was discharged from hospital.

This despite the fact that Ontario’s independent police watchdog, the Special Investigations Unit (SIU), had already taken over the investigation, triggering provincial regulations banning the involvement of police officers in order to protect independence.

Michael Moon, Zreik’s lawyer, says the officers should be charged with interfering with a criminal investigation.

“(The SIU director) has the power to charge these officers,” he told the Star on Monday. “If there’s no accountability, what’s going to stop them from doing this over and over again?”

Peel Regional Police spokesperson Sgt. Joshua Colley confirmed Zreik was interviewed by Peel police prior to the SIU investigators. But he says that, at the time of Zreik’s interview, officers were in the early stages of an attempted murder investigation involving the three police officers as the victims.

“Prior to Ms. Zreik’s interview, (Peel Regional Police) received permission from the lead SIU investigator to conduct her interview in advance of the SIU interview,” Colley said in an email Monday.

Monica Hudon, spokesperson for the SIU, said the watchdog could not comment “as the matter is currently before the courts.”

Zreik’s application for a judicial review is the latest development in a complex case stemming from a March 2015 incident that prompted a fusillade of bullets — all from Peel police guns — that left one man dead, a Peel officer injured and Zreik with a bullet in the back.

Police were called to an address on Queen Frederica Dr. regarding a woman threatening a neighbour with a knife. When police officers arrived to arrest the woman allegedly making the threats, her 22-year-old son, Marc Ekamba-Boekwa, came to the home’s door holding a six-inch knife, according to the SIU.

A struggle ensued, prompting the three officers to fire a total of 19 bullets. Ekamba-Boekwa was struck 11 times and killed.

Eight other bullets went flying through the neighbourhood, one striking one of the officers in his bulletproof vest, causing minor injuries. Another bullet pierced Zreik’s window, lodged into her back, and had to be surgically removed.

One year ago this week, the SIU — the watchdog called in to investigate police incidents involving serious injury or death — ruled the officers’ conduct was legally justified. No charges would be laid in Ekamba-Boekwa’s death or in Zreik’s shooting.

None of the officers agreed to be interviewed by SIU investigators or provide their notes, as is their legal right. The names of the three officers involved in the shooting have never been released.

Frustrated with the secrecy surrounding the case, Moon and Zreik launched their own private investigation into the case, conducting interviews of witnesses. Earlier this year, an anonymous tip indicated Peel Const. Jennifer Whyte was the cop who shot Zreik.

Armed with this information, in April Moon took an unlikely route to criminal charges, launching a rare private prosecution against Whyte.

(Canada's justice system allows a private citizen who has reasonable grounds to believe a person committed a crime to cause a charge to be laid. )

The private prosecution caused Whyte to be charged with criminal negligence. But the Crown prosecutor soon stayed the charge against the officer, arguing that while Whyte was involved in the shooting that night, forensic evidence showed the bullet did not come from her gun.

Moon was not told, however, which officer was responsible. He and Zreik still do not know whose bullet struck her.

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However, Zreik’s notice of application for judicial review alleges that Peel Const. Jennifer Whyte shot her training officer, Const. Branden Dary.

“Such was the ill-preparedness, panic and/or gross negligence of the attending officers that Whyte actually shot her training officer, Dary, in the back,” Moon wrote in the notice of application.

Colley, spokesperson for Peel police, said a thorough investigation of the incident was conducted by the police service’s Investigative Support Bureau.

“The specific findings of this investigation were documented in an Administrative Review that was tabled and accepted before the Police Services Board earlier in 2016.”

As reported by the Star at the time, the report was presented to the board behind closed door and was not publicly released.

Paul O’Marra, the lawyer representing Whyte said he cannot confirm that Whyte was responsible for her training officer’s injury.

“However, I will say that the SIU thoroughly investigated this shooting and cleared my client of any criminal conduct including whether or not she was criminally negligent in discharging her firearm,” O’Marra said in an email Monday. “The training officer’s wound was inadvertent and not caused by anyone’s criminal conduct.”

Zreik’s application seeks a declaration that “a reasonable apprehension of bias exists” sufficient to warrant a judicial review of SIU director Tony Loparco’s refusal to charge any of the police officers involved in the shooting.

Barring or in addition to that, she is seeking a declaration stating it is not within the jurisdiction of the SIU director to refuse to lay a charge against a police officer where reasonable and probable grounds exist to do so, simply because the officer may be able to claim self-defense.

The application is scheduled to be spoken to in court Friday.

Wendy Gillis can be reached at wgillis@thestar.ca

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