Constable to appeal ruling he used excessive force

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A Winnipeg police constable found to have used excessive force in the 1988 shooting death of Native leader J.J. Harper will appeal the decision against him to the Manitoba Court of Queen's Bench.

"I am very pleased at this decision," said Al McGregor, the lawyer who represented Constable Robert Cross in a hearing before the Manitoba Law Enforcement Review Agency.

The five-member panels finding, which ruled that Cross used excessive force in shooting Harper during a scuffle, is full of contradictions, McGregor said. He pointed out the panel did not find Cross guilty of assault or carelessly using his service revolver although it found him guilty of excessive force for firing the same gun.

"I guess someone can explain that to me," McGregor said following the release of the panel's 16-page decision.

In a 3-2 split ruling, the panel ruled that the "excessive use of force, without justification, amounts to an abuse of authority." But the panel did not recommend criminal charges against the officer, who now faces internal disciplinary proceedings.

In a dissenting judgment, two panel members said Cross was justified in shooting Harper because he presumably feared his life was in danger.

Harper was killed when officers in pursuit of a car thief stopped him on the street, even though he did not resemble the suspect. An argument broke out which led to a struggle between Harper and Cross, during which Harper went for the officer's gun, Cross has said. Cross claims the gun went off accidentally during the fight.

The Harper shooting and the 20-year delay in bringing the killers of Helen Betty Osborn to trial in The Pas, Man., were two key incidents which sparks the highly publicized Manitoba Native justice inquiry.

Martin Pollock, a lawyer for Harper's brother, Harry Wood, hailed the review panel's finding against Cross as a major victory.

"I think this decision is significant when you look at all the allegations of excessive force across Canada these days," Pollock said. "You have these allegations in Toronto, Montreal and Winnipeg. In Winnipeg we finally have an impartial judicial body which has found that an officer used excessive force."

Harper's family has filed a lawsuit claiming damages against Cross, the Winnipeg Police Department and the City of Winnipeg. The suit is expected to come before the courts early next year.