B.C. Supreme Court has ordered the Vancouver Police Department (VPD) to produce dispatch and Taser data as well as officers' notebooks in a lawsuit where a Metro Vancouver man alleged police used excessive force against him.
Elkana Babunga filed a notice of civil claim in B.C. Supreme Court Jan. 6, 2023 naming the VPD, the City of Vancouver and seven John Does, all identified as police officers, as defendants.
Babunga said the officers made conclusions about him based on his race, clothing and manner of speech.
Babunga said he was intending to perform at Fortune Sound Club on East Pender when the alleged events happened.
The claim said a friend of Babunga’s had been pulled over by police and he approached the area.
The claim alleges that, after “observing violent and aggressive behaviour from the officers,” Babunga began to film the incident.
“Suddenly and without warning, the officers did restrain, assault and batter the plaintiff, including by firing Taser weapons at him, striking him, throwing him to the ground and aggressively restraining him.
The claim further asserts the officers yelled, threatened and made aggressive comments to Babunga.
In a response to notice of civil claim filed Feb. 28, 2023 by the City of Vancouver, the assertions were denied.
However, on June 24, on application by the city, a consent order was issued for the VPD to produce a list of items for the case:
• the police occurrence report and any video and audio recordings;
• notebook entries from the officers involved;
• computer-aided dispatch records;
• radio dispatch records; and,
• data from the Taser used in the incident;
Babunga’s claim said he has suffered mild traumatic brain injury; concussion; psychological issues; cognitive dysfunction; headaches; injuries to eyes, face, jaw, lungs, chest and throat; sleep issues and nightmares.
The city response said any injuries and loss were caused or contributed to by:
• congenital or conditions of any kind or injuries which pre-date or post-date the alleged events;
• accidents, assaults, or incidents which pre-date or post-date the alleged events; and,
• intervening acts or omissions of others.
Babunga is seeking general and specific damages.
None of the allegations have been proven in court.
