News Release
SIU Discontinues Hamilton Investigation
Case Number: 20-OCI-358
The Director of the Special Investigations Unit, Joseph Martino, has terminated an investigation into an incident that occurred in December while a 26-year-old man was lodged in a Hamilton police station cell.
In the morning of December 22, 2020, Hamilton Police Service officers arrested the man for impaired driving, and transported him to the police station where he was lodged in a cell. Shortly after, the man punched the cell wall with his right hand, after which he was seen to be favouring his hand. He was transported to hospital.
Director Martino said, “Based on the SIU’s preliminary inquiries, which included a review of cell video, I am satisfied that the investigation should be discontinued at this time. Despite attempts to speak with the man and obtain from him a release for his medical records, the man has declined to cooperate. In the circumstances, the SIU cannot be sure whether the man suffered a serious injury for purposes of the SIU’s statutory jurisdiction. Accordingly, there being no reliable indication that the man suffered a fracture to his hand and every reason to believe that any injury, if it existed, was self-inflicted, the file is hereby 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