Edmonton police brutality hearing will no longer be secret

Edmonton media have won a battle to open a police disciplinary hearing to the public.  

The hearing was originally scheduled as a public proceeding, but was closed suddenly on Tuesday, its opening day.

Three police officers involved in a drug trafficking investigation in 2010 face disciplinary charges of unlawful or unnecessary exercise of authority. They are accused of attacking a man in an altercation that has been compared with "the Rodney King beating" in Los Angeles more than two decades ago.

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Kasimierz Kozina, the target of the 2010 investigation, claims he was dragged out of a car, kicked, and repeatedly punched. He's suing the Edmonton Police Service for $1 million.  

The lawyer for one of the accused applied Tuesday to hold the hearing in private, citing concerns that police techniques or police informants could possibly be revealed.

Matthew Woodley, the lawyer representing CBC and the Edmonton Journal, argued Wednesday that closing the entire proceeding over those minor concerns was equivalent to "using a sledge hammer when you need a scalpel."

"Media play a vital role in the justice system," he said. "Those who cannot attend rely on the media to hear about the proceedings.

"It's important that the public know the system is open and transparent. That supports trust in the system."

Tom Engel, Kozina's lawyer, attended in support of Woodley's request for public access.

After 30 minutes of deliberation, retired Court of Queen's Bench justice Mel Binder ruled in the media's favour.

"In my opinion, it is in the best interest of the police and public that the hearing be held in public," he said.

He then quoted what he referred to as one of the underlying principles of the police act, when it comes to disciplinary hearings.

"The fundamental purpose is to maintain the confidence of the public in police."