News Release

News Release

SIU Concludes Investigation into Hamilton Vehicle Death

Case Number: 12-OVD-098   

Mississauga (3 May, 2012) --- The Director of the Special Investigations Unit (SIU), Ian Scott, has concluded that there are no reasonable grounds to charge a Hamilton Police Service (HPS) officer with any criminal offence in relation to the death of 38-year-old Bibi Shazeena Ally in April of 2012.

The SIU assigned four investigators, two forensic investigators and a collision reconstructionist to probe the circumstances of this incident.  The subject officer did not provide a copy of her duty notes to the SIU and declined to be interviewed, as is her legal right.  One witness officer and five civilian witnesses were interviewed.

The SIU investigation found that the following events took place on Friday, April 6:
• In the morning hours, the subject officer and witness officer were positioned at the intersection of Middletown Road and Concession Road 5 in Flamborough to control traffic flow for a bicycle race that was to pass through the intersection.  They were dressed in uniform and were wearing fluorescent yellow jackets.
• Middletown Road has a posted speed of 70 km/hr and has stop signs on both the northbound and southbound lanes at the intersection with Concession Road 5. 
• At approximately 10:00 a.m., a Dodge Journey driven by Ms. Ally approached northbound on Middletown Road at a high rate of speed.  Both officers attempted to signal the vehicle to stop but it accelerated through the intersection.  They moved out of the roadway to avoid being struck by the vehicle.  The vehicle continued northbound and lost control, veering to the left, crossing the southbound lane and then leaving the roadway.  It struck a number of trees before coming to rest in a field. 
• Ms. Ally died as a result of the collision impact.

Director Scott said, “On the basis of this investigation, the subject officer’s actions had nothing to do with the unfortunate death of Ms. Ally.  She was driving in a dangerous manner as she approached the intersection, ignored both officers’ signals to stop, and continued to drive in an even more erratic manner after she sped through the intersection.  While her death is tragic, the subject officer had nothing to do with her demise.”

The SIU is an independent government agency that investigates the conduct of officials (police officers as well as special constables with the Niagara Parks Commission and peace officers with the Legislative Protective Service) 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. Under the Special Investigations Unit Act, the Director of the SIU must

• consider whether the official has committed a criminal offence in connection with the incident under investigation
• depending on the evidence, cause a criminal charge to be laid against the official where grounds exist for doing so, or close the file without any charges being laid
• publicly report the results of its investigations