Comments made by Victoria deputy police chief John Ducker after a police misconduct public hearing last week were “outrageous,” says the adjudicator who presided over the hearing, ordered by the B.C. police complaint commissioner.

“I simply cannot believe what I read in the paper. The timing, the comments were totally inappropriate,” adjudicator Ben Casson, a retired judge, said Friday.

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Last week, Casson found constables Chris Bowser, 41, and Brendan Robinson, 27, used excessive force when they arrested Tyler Archer on March 21, 2010, during a brawl outside a bar on Store Street. A video of the incident was posted to YouTube and drew wide attention.

Casson found Robinson, who was in his first year on the job, made mistakes, but did not abuse his authority. However, he found Bowser abused his authority by not intervening when Robinson rushed in and tackled Archer, and by delivering foot and knee strikes to Archer’s body.

Immediately after the decision, Ducker, in his role as acting police chief, said: “These are some of the best officers we have in the department. I don’t feel they were acting unreasonably.” A statement was also posted on the Victoria police website, saying: “It’s unfortunate that this was the decision reached.”

At Bowser’s disciplinary hearing Friday, hearing lawyer Michael Tammen called Ducker’s remarks unfortunate, ill-advised and inappropriate, particularly because they were made before the hearing process had concluded. Casson is expected to announce April 19 what discipline Bowser will face.

“The comments have the effect of undermining public confidence in the process of independent police oversight in this province,” said Tammen. “He should have known better.”

Casson said he would recommend the Victoria police board look into police policy about making comments to the media during public hearings. The matter should also be referred to the B.C. Chiefs of Police to “issue some guidance to the chiefs about such outrageous comments before we even get to the disciplinary hearing,” Casson said.

Ducker was quick to apologize. “By no means did I intend to criticize Adjudicator Casson or his public hearing. Instead, I was hoping to address the effect the three-year-long process has had on the membership of the Victoria Police Department. We ask our officers to protect our citizens and serve our communities every day and it was their morale and welfare that was my primary concern,” Ducker said in a statement issued Friday.

“I unreservedly apologize to Adjudicator Casson, counsels, and the Office of the Police Complaint Commissioner for offering public comment before the entire process was concluded. Furthermore, I apologize for voicing my reaction to the decision in a way that was so pointed.”

Victoria Mayor Dean Fortin said it was too early to comment. “I don’t have any information at this time about what is coming to the police board. However, the police board is always open to hearing community concerns.”

bcleverley@timescolonist.com

ldickson@timescolonist.com