News Release
Man Injured Hip After Fall in Hospital Waiting Room; SIU Terminates Hamilton Investigation
Case Number: 20-OCI-101
The Director of the Special Investigations Unit, Joseph Martino, has terminated an investigation into the injury sustained by a 78-year-old man earlier this month in Hamilton.
On the afternoon of May 3, 2020, a family member called police to express concern about the well-being of a 78-year-old man. As a result, two Hamilton Police Service officers attended the man’s apartment unit on Jerome Crescent. Based on comments made by the man, the officers apprehended him under the Mental Health Act and escorted him to hospital for examination, While at the hospital, the man fell off of a chair as he went to sit down. The tumble resulted in a fractured right hip.
Director Martino said, “In my view, the man’s apprehension by officers was lawful under the Mental Health Act. With respect to the man’s fall, I am satisfied that there is no question of any criminal liability arising from the circumstances surrounding the fall, which appears to have been a simple, albeit unfortunate, accident. Accordingly, the investigation is hereby discontinued, and the file is closed.”
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