Edmonton police officers cleared in beating of drug suspect

Two Edmonton police officers accused of using excessive force during a drug bust six years ago have been cleared of wrongdoing following a disciplinary hearing.

Constables Jack Redlick and Jason Kemp were accused of beating suspected drug trafficker Kazimierz Kozina during a "buy and bust" sting in February 2010.

The same charge was originally filed against an officer named Const. Craig Offin. But that charge was withdrawn after Offin resigned from the police force at the end of April, during the week the hearing began. 

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While admitting they hit Kozina with numerous punches, Redlick and Kemp testified they did so only to encourage him to comply with their orders.

Kozina claims he was viciously beaten by several officers before he could respond to any commands.

"I find that a reasonable person standing in the shoes of constables Redlick and Kemp would have reacted as they did and viewed the entire force … employed by them appropriate in the circumstances," wrote presiding officer Mel Binder, a retired Court of Queen's Bench judge, in a written statement made available to CBC Tuesday.

Binder said he found testimony of the police officers at the scene more compelling than Kozina's and that of a police officer who supported Kozina's version.  

'Never seen anything like that'

Police Const. Derek Huff, now retired, said he was shocked by the beating, telling CBC, "I've seen lots of arrests and I've never seen anything like that."

Huff reported the incident to his superior. Huff said he and his partner were then branded as "rats" and were mocked and shunned.

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Work became so unbearable, he was forced to take stress leave, before eventually resigning, Huff said.  

However, Binder rejected Huff's testimony completely.

"I find without any doubt that Mr. Huff's version of what happened did not happen," he said.

Binder said he found Huff's evidence unreliable where it conflicted with the evidence of the other seven officers at the scene.

On the other hand, the two accused officers had "all of the hallmarks of a reliable witness — accurately observing, recalling and recounting events in issue," Binder said. "I accept their evidence as compelling, truthful, accurate, and reliable relating to the incident."

Binder issued a specific comment on Kozina's injuries, which included a fractured orbital bone that ultimately required reconstructive surgery, cuts, bruises, and a spinal injury.

"It has been said that a picture is worth a thousand words and it is arguable that an ordinary reasonable person viewing Exhibit 6 might say Mr. Kozina got the heck beat out of him," he said. "However, a picture can be deceiving without the necessary words required to describe how the injuries occurred."

Kozina has filed a $1-million lawsuit over the incident.