Investigation of alleged assault involving Windsor police board member's son questioned

An alleged assault, involving the son of a member of the Windsor's Police Services board, is once again raising questions about how the Windsor police service handles investigations. 

A civil case filed on behalf of a Windsor police officer is currently in Superior Court and centres around an alleged assault at a golf course. 

The incident was investigated by the Windsor Police Service (WPS) and they did not proceed with charges.

"At the very least, a request should have been made to have an outside agency investigate the assault," said Wayne Parsons, a retired detective who served with WPS for 39 years. 

Parsons said this was a political issue, because one of the accused's fathers was a member of the Windsor Police Service's Board at the time. 

CBC News has confirmed that Tom Clark, a member of the Windsor Police Services Board in 2016, is Ryan Clark's father, one of the accused in the confrontation at the golf course.

No comment on 'active investigation'

Police chief Al Frederick and chair of the police services board Drew Dilkens declined interview requests about how the matter was handled. 

CBC News asked Frederick for a comment about the investigation of the son of a Windsor Police Service's Board member.

"Chief Frederick has no comment at this time as there is an active investigation being conducted by the Ontario Civilian Police Commission (OCPC)," replied a spokesperson for the service.

A spokesperson for the OCPC said the police watchdog is making progress on an active investigation launched May 4, 2018 into both the Windsor Police Service and the Windsor Police Services Board.

The probe started after complaints from multiple members of the WPS between January and April of 2018 — including an investigation if there was "improper interference in specific legal proceedings."

The alleged incident happened in March of 2016. The investigation finished the next month. 

Tom Clark resigned from his spot on the Windsor Police Services Board in May of the same year. He did not reply to a request for comment from CBC News.

'Completely unprovoked': complainant

The civil suit, filed on February 2017 on behalf of Viktor Sobieraj, alleges Ryan Clark and Sean Lucas "violently assaulted" Sobieraj at Ambassador Golf Club. The suit also alleges both men appeared to be "intoxicated" during a round of golf on March 26, 2016.

Sobieraj, a constable with the Windsor Police Service, was off-duty at the time of the incident. 

Sobieraj's statement of claim alleges the "completely unprovoked" assault left him with injuries which "had a profoundly negative affect" on his ability to perform work.

Clark denies the allegations in his statement of defense and claims Sobieraj "made rude comments" about the skills of Clark's group, which Clark confronted Sobieraj about on the course — resulting in a skirmish. It's at that time when it's alleged Sobieraj's group choked Clark. 

'Hopes the truth comes out'

The Ambassador Golf Club "denies each and every allegation" made by Sobieraj, which includes allegations the club failed to maintain a safe and secure environment and served both Clark and Lucas liquor despite obvious signs of intoxication.

None of the allegations in the statement of claim or statement of defence and cross claims have been proven in court. 

Clark was arrested by police at the golf course.

"It was clear he wanted to press charges against the accused," states a responding police sergeant in notes filed in the civil suit.

Police did not proceed with charges because of a lack of sufficient evidence, according to the detective who investigated the matter. 

Sobieraj, when reached by CBC News, declined to comment for "fear of being charged under the police services act" but added he "only hopes the truth comes out."

CBC News has confirmed with a source close to the situation that Sobieraj remains employed with the WPS but is currently on extended leave.

Lucas has not yet filed a statement of defense.