‘No basis’ for pressing charges against London police officer accused of sexual assault, SIU says

The logo of the Ontario Special Investigations Unit is pictured in Toronto on Friday, April 12, 2024. THE CANADIAN PRESS/Arlyn McAdorey

The province’s Special Investigations Unit (SIU) is declining to pursue criminal charges against a London police officer accused of sexually assaulting a man while in a police holding cell several years ago.

According to the SIU, on Jan. 6 a man submitted an online inquiry with the SIU and left a voice message reporting a sexual assault involving an officer with the London Police Service (LPS).

On July 16, 2019, a 32-year-old man was arrested by London police in relation to an incident of intimate partner violence. Prior to his arrest, the man had spoken to the arresting officers on the phone and said he was suicidal and wanted to jump off a bridge.

The arrest was uneventful, and he was later transported to LPS Detention Unit at 601 Dundas St. and held in cells.

The man told investigators he was wearing a pair of shorts that contained a drawstring and assumed they would be confiscated during the initial search prior to being placed in cells, but they were not.

After spending a short time in the cells, several officers, one armed with a ballistic shield, entered his cell and removed the drawstring from his shorts.

The man alleged that during this process, he was pinned to the ground with the ballistic shield and when his shorts were removed, a male police officer fondled his penis.

On Jan. 20, the SIU contacted London police, where it was confirmed he was in custody on July 16, 2019.

The SIU says during the investigation they searched for video, audio and photographic records, but due to officers not wearing body cameras, and communication records and cell videos only being held for three years, the search did not turn up anything.

In his determination, SIU Director Joseph Martino points to problems in the evidence, including inconsistencies with respect to the identity of the officer said to have committed the assault.

Martino also points to the alleged assault being described as occurring over a matter of minutes before it was later suggested three to four seconds “was a more accurate description.”

There is also evidence that the man alleged it was another London police employee who abused him. However, police records suggest that specific officer was not on duty the day of the arrest.

Martino says that while there is evidence that the man had been pinned to the floor, handcuffed behind the back and returned to his cell, there is no evidence a drawstring was removed.

“If true, the allegation could give rise to charges of sexual assault, but it would be unwise and unsafe to proceed with charges on the strength of this evidence alone,” Martino said. “On this record, the allegation is insufficiently reliable to warrant being put to the test by a court.”

As a result, the SIU is not pursuing criminal charges in this matter.

Three investigators and one forensic investigator were assigned to the case.

The file is now closed.