Andrew Loku case: Police chief defends officer accused by SIU of violating protocol

Toronto police chief Mark Saunders is rejecting claims that one of his officers threatened the integrity of an investigation into the shooting death of 45-year-old Andrew Loku, following a report by the Special Investigations Unit partially released Friday. 

The report, only 10 pages of which were released to the public, cleared the officer involved in Loku's death of any wrongdoing but said that another officer attempted to access surveillance video footage of the shooting — a move that SIU director Tony Loparco says "threatened to publicly compromise the investigation."

"Our officers have a legal onus to fulfil this responsibility. This includes the necessity to secure video evidence," Saunders said in a written statement released Monday.

"I believe the SIU Director is using this opportunity to highlight his desire for a strong review of the regulations that govern his agency."

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Saunders said attempts to access the video of Loku's death are part of the protocol required in an SIU investigation.

The province released the partial report after the protest group Black Lives Matter spent weeks demonstrating outside Toronto police headquarters and the Legislature, demanding justice for Loku. Premier Kathleen Wynne met briefly with the protesters outside the Legislature early last month.

The South Sudanese father of five was fatally shot by police at an apartment complex near Rogers Road and Caledonia Road on July 5th, 2015. Police say he refused to comply with demands to drop a hammer and threatened to kill a friend of a guest in the apartment

"Like any investigation where the SIU has invoked its mandate, officers attended the scene after the shooting for the purpose of securing evidence. This is in line with Ontario Regulation 267/10 section 4, which reads:

The Chief of Police shall ensure that, pending the SIU taking charge of the scene of the incident, the police force secures the scene in a manner consistent with all standing orders, policies and usual practice of the police force for serious incidents."

Due to technical difficulties, Saunders said, the officers were unable to review or download the video and that an officer was posted to secure the scene until technical assistance arrived.

Moreover, the SIU ultimately downloaded the video and confirmed it had not been tampered with, Saunders said.

"The SIU had representatives on scene at this time. At no point did they question, contradict or prevent my officers from carrying out this responsibility," Saunders said.