The Special Investigations Unit (SIU) has ruled that an officer with the Hamilton Police Service will not be charged as a result of injuries suffered by a 32-year-old male while in custody.
On Feb. 12, 2021, the male was diagnosed in hospital with a fractured right hand.
The prior day at around 10:20 p.m. the man was arrested after a call was made to police to report a domestic violence incident at the man’s residence on Grosvenor Ave. North in Hamilton.
Five uniformed officers participated in the man’s arrest, according to the SIU report.
The man was arrested for mischief and assault and was apprehended under the Mental Health Act and transported to St. Joseph’s Hospital.
The man was discharged from hospital with conditions.
At 11:10 a.m. on Feb. 12, 2021, the man returned to his residence and was again arrested by two officers for allegedly violating those conditions.
“While the man was being checked in at the police station, the complainant was asked about his hand, which was bandaged,” reads the SIU report. “He replied that the police had injured him the previous evening.”
The complainant was then transported to Hamilton General Hospital, and a fractured right hand was diagnosed.
The Director of the SIU, Joseph Martino, determined there is “no reasonable grounds to believe that the subject officer acted other than lawfully throughout this affair and that there is no basis for proceeding with charges in this case.”
The SIU is an independent government agency that investigates the conduct of officials that may have resulted in death, serious injury, sexual assault, and/or the discharge of a firearm at a person.
All investigations are conducted by SIU investigators who are civilians.