After hearing some four weeks’ of testimony, a five-person coroner’s jury has classified Jeff Berg’s death in police custody as a homicide and has delivered a series of recommendations to the Vancouver Police Department. The jury heard testimony that on October 22, 2000, Jeff Berg, 37, a healthy man with no previous criminal record and unimpaired by alcohol or drugs, was surrendering to police when he was knocked to the ground and kicked repeatedly as he lay motionless. Two police officers then handcuffed him, dragged his inert body across the pavement and left him prone and unattended for about ten minutes. When paramedics arrived, they found Mr. Berg face down with his hands cuffed behind his back. His heart had stopped and he was not breathing. The paramedics restored a pulse and transported him to hospital, where he remained on life support until he died on October 24, 2000.

At the time, the Berg family was not immediately informed of Jeff’s condition and, although the VPD holds daily morning media briefings, police spokesperson Anne Drennan did not tell the media of the incident for three days. Although the family was promised a coroner’s inquest in November, 2000, one was not convened until June 24, 2004, after Berg family lawyer Cameron Ward had petitioned the Supreme Court of British Columbia. Regional Crown Counsel notified the Berg family in December, 2002 (26 months after Jeff’s death) that no charges would be laid. Crown Counsel based its decision on an internal VPD investigation that was characterized by Dana Urban, Q.C., a former prosecutor now employed by the Police Complaint Commission, as “incompetent at best”.

This case raises a host of questions: Was there a cover-up? Should the police investigate themselves? Is the BC Coroners Service truly independent of the police, especially since the Coroners Service and the VPD work together on about 500 files a year? Why didn’t Crown Counsel (who also work routinely with the police) lay charges in this serious matter?

The Coroner’s Inquest into the death of Jeff Berg resumed on Monday, August 9, 2004 after an adjournment of several weeks. Prior to its resumption, the family made an application to the Supreme Court of British Columbia for funding assistance from the provincial government. Mr. Justice Shabbits has reserved judgment on the application.

On August 9, 2004, a use of force expert (Cst. Kelly Keith of the Victoria Police Department) testified that if the incident occurred as the civilian eyewitnesses testified it did, then Cst. Bruce-Thomas used excessive force and committed a criminal act.

Later that day, forensic pathologist Dr. Laurel Gray testified that Berg’s three principal facial injuries were consistent with kicks being inflicted, likely while he was unconscious on the ground. She testified that the fatal injury was a blow to Berg’s neck, likely caused by a punch, open hand or a kick. Her autopsy report, which was not allowed into evidence by the Coroner, listed multiple traumatic injuries to Berg’s head, neck, torso and extremities.

Cst. Bruce-Thomas, the other participant in the “altercation”, earlier testified that he was not injured in any way – no scratches, bruises, etc.

On Tuesday, August 10, 2004, the Inquest heard from one of the other occupants of the vehicle stopped by Cst. Bruce-Thomas. Stephen Morrison testified that he saw an officer strike Berg from behind with an overhand blow, causing him to collapse to the ground. At the conclusion of his testimony, the jury foreman started to ask a question but was interrupted by Coroner’s counsel John Bethel, prompting an angry outburst from the juror and an adjournment of the hearing.

On Wednesday, August 11, Berg family lawyer Cameron Ward left the hearing with the approval of his clients, citing the untenable and unfair nature of a system that provided no funding for the deceased’s family’s legal representation. Julie Berg will represent the family until the Inquest concludes, probably by Friday.

The Inquest continues.

The Coroner’s Inquest into the death of Jeff Berg while in police custody raises serious policy questions about the way the process addresses the interests of the deceased’s family.

A coroner’s inquest is a quasi-judicial administrative proceeding before a jury involving lawyers, witness testimony and the introduction of documentary evidence. It is conducted by a coroner, a person who may not have legal training but who relies on advice and submissions from coroner’s counsel, a lawyer retained by the Coroner’s Service. An inquest is mandatory in the case of any person who dies while in police detention or custody. The family of the deceased has standing to participate in the inquest with a lawyer.

However, the reality is that most people cannot afford to hire a lawyer to prepare for and attend an inquest, especially if it is lengthy. The police tend to be well-represented by counsel. In the Berg inquest, for example, three sets of lawyers represent the Vancouver Police Department, the VPD officer who kicked Jeff Berg, and all the other VPD members involved, respectively. All these lawyers and the coroner’s counsel are apparently publicly funded.

In my opinion, fairness dictates that public funding should be made available to the deceased’s family for the purpose of retaining legal counsel.

In the Berg case, Jeff’s sister Julie has written the Attorney General and the Solicitor General to request funding assistance, but she has received no response. She has also made a public appeal for help. For more information, see www.justiceforjeff.com.

The Coroner’s Inquest into the death of Jeff Berg has been adjourned to Monday, August 9, 2004. The Inquest is expected to resume at 9:00 a.m. that day with the continuation of the testimony of forensic pathologist Dr. Laurel Gray.

Dr. Gray attributed the cause of death to a “Traumatic Aneurysm Left Carotid Artery and Sequelae due to or as a consequence of A Blow to the Left Side of the Neck”. She found “deep bruising left side of neck, traumatic aneurysm intracranial left carotid artery, cardiac arrest, deep bruise right side of head, cerebral edema, facial abrasions primarily right side and bruised right testicle”. Jeff Berg had no contributory prior medical history and did not have alcohol or drugs in his sytem when he was killed.

Earlier in the Inquest, civilian witness Sari Fujikawa testified: “The officer, still yelling, walked toward the man until he was standing behind him. The officer knocked the man down to the ground with the gun in his right hand. The man still did not move, but only lay on his right side, his back toward the officer. As soon as he was down, the officer kicked the man in the back of the head brutally two times with his right foot. I felt sick, numb, shocked, angry at the same time. The man had not run away from the officer. As soon as he was down, the officer kicked the man in the back of the head brutally two times with his right foot.”

The Coroner’s Inquest is being held in Coroner’s Court, MetroTower II, 20th floor (2035-4720 Kingsway, Burnaby, British Columbia) and typically gets under way at 9:00 a.m. each weekday.

After a hearing arguments in a hearing that was subjected to a publication ban, Coroner Jeannine Robinson indicated that she would not discharge the jury investigating the death of Jeff Berg. David Wu, a civilian eyewitness, took the stand and testified with the assistance of an interpreter. He said he saw a police officer kicking a young man several times while the man was handcuffed and lying motionless in the alley behind Wu’s house.

In another development, the Coroner ruled that she would not direct that the Berg family receive reimbursement foir its legal costs, nor would she write to Attorney General Plant to recommend public funding. Berg family lawyer Cameron Ward had sought funding assistance on the basis of fairness. The Coroner, Coroner’s counsel, the lawyers for the police witnesses, the lawyer for the Vancouver Police Department and the expert witnesses are all paid from the public purse. The Berg family’s legal bill is approaching $90,000.

The inquest continues on Monday, July 5, 2004 with the conclusion of David Wu’s testimony. David Bruce-Thomas, the police constable who arrested Jeff Berg, is scheduled to take the witness stand after that.

The coroner’s inquest is being held in Coroner’s Court, MetroTower II, 20th floor (2035-4720 Kingsway, Burnaby, British Columbia) and typically gets under way at 9:00 a.m. each weekday.

Jeffrey Michael Berg, 37, died on October 24, 2000 of injuries inflicted by VPD Cst. David Bruce-Thomas during the course of an arrest on Sunday, October 22, 2000.