Nanaimo Mountie convicted on assault charge

NANAIMO – Const. Derek Brown still faces RCMP adjudication panel.

A Nanaimo RCMP officer could face further discipline after being found guilty of assault in Nanaimo provincial court Thursday.

The charge against Const. Derek Brown stems from an August 2011 incident at the Nanaimo RCMP detachment, where Brown was said to have used excessive force while fingerprinting a 47-year-old woman in the cell block. The woman was not injured during the altercation and did not require medical assistance. The incident was reported by another RCMP officer.

According to Supt. Mark Fisher, officer in charge of Nanaimo RCMP detachment, Brown has been suspended with pay since November 2012. He said Nanaimo RCMP respects the court’s decision, but Brown will still have to go before an RCMP adjudication panel.

An RCMP code of conduct investigation, ordered by then-commanding officer Supt. Norm McPhail, found Brown used unnecessary force and recommended his dismissal.

“If the [adjudication panel] agrees with the findings on the code of conduct, that’s when the dismissal comes into play. The commanding officer makes a recommendation on appropriate discipline, if the allegations are substantiated, and that’s what he’s recommended at this point,” Fisher said.

He said he couldn’t comment on the actual incident as it is still subject to an appeal.

A date for sentencing has not been set, according to Nanaimo court services, and Fisher said RCMP typically waits until criminal matters are dealt with before setting dates for adjudication hearings.