A confrontation between two groups waiting in line for the bathroom at a Yaletown nightclub was a “calamity of misunderstandings,” according to a lawyer for one of two Vancouver Police Department officers charged with assault in relation to the incident. Constables Josh Wong and Brian Hunt each face one count of assault over what transpired in at Isabelle’s on Hamilton Street following a VPD Gang Unit Christmas party in December of 2023. CCTV video played in court shows Hunt in a small hallway waiting in line for the bathroom when he reaches out, grabs another man by the arm and shoves him through an open doorway into the main area of the club. The Crown contends that Hunt thought the man was trying to cut the line. Hunt, who testified in his own defence, denies that. He said he saw the man touch a staff member and pull the man close—something he deemed to be aggressive. Hunt, who testified he had consumed about 10 alcoholic beverages that night, said he acted to prevent a fight. No staff from the bar gave testimony in the trial but the Crown contends the alleged victim and the employee were merely leaning close to one another to be heard over the loud music. Christine Joseph, Hunt’s lawyer, concedes her client may have been mistaken about the interaction he saw, but told the court it was a reasonable mistake. “It happened fleetingly. He chose a very reasonable amount of force,” Joseph said. The video shows the man who had been shoved returning to the hallway moments later, and another scuffle ensues. In the video, Hunt can be seen grabbing the man in the upper shoulder or neck area before stumbling back. Hunt claims the man came at him aggressively and he acted in self defence. Wong and a friend of the first alleged victim both testified that they were each attempting to break up the scuffle. The two men wound up face to face in the doorway with Wong claiming that the man grabbed his arms. The video then shows Wong shove the man, sending him flying backward through the open doorway onto the club’s dance floor. The alleged victim testified he hit his head as he fell. Wong’s lawyer concedes the alleged victim may have also been trying to diffuse the melee but argues his client also acted reasonably. “He’s entitled to make a reasonable mistake, and he’s entitled to err on the side of being careful,” lawyer Kevin Westell told the court. In his closing statement, Crown prosecutor Tyler Gloux told the court hindsight should not be used to weigh the actions of Wong and Hunt, or their perception of the threat posed by the alleged victims. “What this case is really about is illustrating the difference between the subjective perception of these individuals and objective reality,” Gloux said. He told the court that Wong’s evidence was repeatedly undermined by the CCTV video. “Portions of Mr. Wong’s evidence are so inconsistent with objective evidence that they undermine confidence in his credibility as well,” Gloux told the court. The judge in the case has reserved her decision and will hand down the verdict at a later date. In the meantime, Wong also faces potential discipline at an ongoing Office of the Police Complaints Commissioner public hearing into the beating death of Myles Gray at the hands of seven VPD officers in August of 2015.
