Kelowna cop denies negligence in interrogation of teen
Published Tuesday, July 16, 2019 1:52PM PDT
Last Updated Tuesday, July 16, 2019 1:54PM PDT
The RCMP officer at the heart of a lawsuit by a teenaged girl has filed a legal response, denying claims he was negligent, “demeaning, insulting and abusive” during an interrogation related to a sexual assault complaint.
Cpl. Kenneth Hall of Kelowna RCMP has refuted “each and every allegation” in the lawsuit filed against him, including any “injury, loss, damage or expense as alleged.”
The civil suit filed stems from a 2012 interrogation where an Indigenous woman had come forward to report a complaint of sexual assault.
In the video footage of the two-hour interview, Hall can be seen and heard on camera asking a young woman if, even subconsciously, she was “turned on during this at all, even a little bit” as she reported her complaint of sexual assault.
In the response, Hall’s counsel, F. Mark Rowan of Hira Rowan LLP, alleges his client conducted the interview in a proper manner, and he “was entitled” to ask questions that would help him advance the investigation.
The statement also argues the plaintiff was “never detained,” and was told “she was allowed to leave at any time,” thereby not violating her rights in sections 9 and 10 of the Canadian Charter of Rights and Freedoms, which protect against arbitrary imprisonment and detention, and guarantee one’s right to certain legal freedoms if arrested or detained.
Ultimately, Hall and his lawyers say the Mountie did not engage in “any tortious action, either intentionally or negligently” during the taped interview.
The response claims that the damages sought in the lawsuit were “not reasonably foreseeable, are too remote, and are not recoverable in law,” and opposed all monetary relief the plaintiff is seeking in the case.
Halls’ response was filed in B.C. Supreme Court on July 8, 2019.