News Release

News Release

SIU Concludes Investigation into Injuries Sustained by Pedestrian Struck by Vehicle in Mississauga

Case Number: 12-OVI-220   

Mississauga (30 November, 2012) --- The Director of the Special Investigations Unit (SIU), Ian Scott, has concluded that there are no reasonable grounds to charge a Peel Regional Police officer with any criminal offence in relation to the injuries sustained by 45-year-old Makanjuola Olasimbo in July of 2012.

The SIU assigned four investigators, two forensic investigators and a collision reconstructionist to probe the circumstances of this incident. As part of the investigation, four witness officers and nine civilian witnesses were interviewed. The subject officer declined to provide his notes or a statement to the SIU, as is his legal right. 

The SIU investigation found that the following events took place on Tuesday, July 31:
• In the evening hours, officers with the Street Crimes Unit (SCU), of which the subject officer was a member, observed a drug transaction take place inside a black Lincoln SUV at Square One Plaza in Mississauga. 
• The SCU officers operate in unmarked vehicles equipped with emergency lights. They dress in plainclothes but wear vests with the word ‘Police’ displayed on the front.
• The SCU officers followed the SUV to Absolute Drive, in the area of Burnhamthorpe Road and Hurontario Street. The SUV parked facing southward on the west side of the road near an apartment complex at 60 Absolute Drive. 
• The subject officer radioed the other officers that the SUV’s occupants were to be arrested. Accordingly, they boxed the SUV in with their unmarked police vehicles after activating their emergency lights. The subject officer and a witness officer drew their handguns and approached the SUV, yelling at its occupants. The driver of the SUV reversed his vehicle slightly, then drove forward mounting the west sidewalk in an attempt to flee. His vehicle collided with one of the SCU vehicles, and then struck a sign. The SUV accelerated, still on the sidewalk, and struck Mr. Olasimbo who was walking on that sidewalk. The driver continued moving in a southerly direction and then turned west onto Burnhamthorpe Road. He eluded police apprehension. 
• Mr. Olasimbo was transported to St. Michael’s Hospital, and later diagnosed as sustaining two broken femurs, a broken hip and internal bleeding. 

The SIU’s accident reconstruction report concluded that the SUV was probably travelling at a speed between 58 km/h and 68 km/h at the moment Mr. Olasimbo was struck.

Director Scott said, “In my view, the involved officers did nothing wrong in these circumstances.  They had the lawful authority to arrest the occupants of the Lincoln SUV after witnessing an apparent drug transaction. They attempted to box the SUV in with their police vehicles, and they communicated commands to the driver in circumstances where he ought to have known that the individuals approaching his vehicle were police officers. The only reasonable inference to draw is that the driver chose to flee from the scene to escape apprehension, mounted the sidewalk of Absolute Drive and struck an unsuspecting pedestrian on that sidewalk at a high rate of speed. The involved officers cannot be faulted for the reckless actions of the SUV driver.”       

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