B.C.'s police complaint commissioner is taking another look at the decision not to discipline two Victoria officers caught on video shoving and kicking two men during arrests last year.

The March 21, 2010 video was uploaded to YouTube and shows Acting Sgt. Christ Bowser and Const. Brendan Robinson subduing two suspects outside a downtown bar. Both men are seated and don't appear to be resisting arrest.

On Nov. 29, New Westminster Police Chief David Jones decided that neither officer deserved to be disciplined for abuse of their authority, calling the allegations against them "unsubstantiated."

Police Complaint Commissioner Stan Lowe announced Wednesday that he will be reviewing that ruling, and decide by the end of January whether to arrange a public hearing or a review on the record for the incident.

On the night in question, Bowser and Robinson were trying to break up a fight between several young men when they arrested Tyler Archer and Harpinder Kang.

The YouTube video shows Bowser kicking a seated Kang twice before moving on to Archer. Robinson can be seen shoving Archer to the ground before Bowser kicks and then knees him.

In his decision not to discipline the two officers, Jones wrote that "their use of force appears to be, and has been explained as being necessary to bring Mr. Archer under control."

The decision says that Archer was trying to crawl away from officers and had clenched his fists in an attempt to resist arrest.

Richard Neary, the lawyer who represents both Archer and Kang, called the disciplinary decision disappointing.

"I'd like to say it's surprising, but unfortunately I'm no longer surprised by the decisions in this complaint system," he told ctvbc.ca.

He said he's hopeful that the police complaint commissioner will order a public hearing, but added that justice might have to wait until the conclusion of a lawsuit that Kang and Archer have filed against the officers.

"Really, the arena where this is going to hash out and be fully explored is through the civil process," Neary said.

He added that he is aiming for a civil trial to begin in the spring or summer of 2012.

Alleged victims refuse to attend disciplinary hearing

Neither Kang nor Archer agreed to give evidence during the disciplinary hearing conducted by Jones, and the police chief wrote that their failure to attend was a "key issue" in making his decision.

He went on to say that "their actions border ... on being contemptuous in terms of failing to cooperate."

But Neary said he advised his clients to skip the hearing because they would be forced to undergo cross-examination without being allowed any legal representation. To make matters more complicated, the lawyer cross-examining them would be the same person who will represent the police department in the civil suit.

"Like any lawyer in his right mind would allow his client to attend a hearing like that," Neary said.

Cop says he deserves commendation for actions

Neither Bowser nor Robinson was charged in connection with the video. The Vancouver Police Department investigated Bowser's actions during the incident, and in February, the Criminal Justice Branch deemed that his use of force was "legally permissible ... to facilitate the handcuffing of the suspect."

According to documents obtained by CTV's W5, Bowser told a Vancouver police investigator "I'm proud of what I did." He even went so far as to suggest that he deserves a commendation.

And Victoria Police Chief Jamie Graham said Bowser may be right.

"Everything the officer did in terms of gaining control of a set of circumstances is calmness in what obviously what was a stressful situation, while unpleasant to some and being perceived in a certain way, might be worthy of a commendation," Graham told CTV News last month.

The Calgary Police Service conducted a Police Act investigation into the incident.