(JOHN MCDONALD / iNFOnews.ca)
May 03, 2023 - 6:00 AM
A Kelowna woman is suing the RCMP, alleging that a SWAT team damaged multiple doors in search of her tenant even though she offered them a key.
According to a notice of claim filed at the Kelowna courthouse April 28, Hongwei (Sally) Song was out shopping on the morning of May 2 when she returned to her Rutland home only to find the road blocked off.
She spoke to police who told her they were looking for Alexander Darmanin and she explained he rented a room above her garage.
She told the police she had a spare key for Darmanin's room and could open the door but they refused.
"Police later called (a) SWAT team," the notice of claim reads.
Song claims police smashed down doors, including the garage door, and broke locks gaining access to the house.
"This was unnecessary as they had plain-clothed police that could (have) knocked (on) the door and asked... if he was home," the court documents say. "RCMP damage my property, not Alex's property. I am (the) victim. I didn't do anything wrong."
And it turns out Darmanin wasn't home anyway.
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Kelowna RCMP put out a media release later that day saying it had picked up Darmanin driving near Highway 97 later that day. He was wanted for allegedly unlawfully confining a woman.
In Song's small claim court filing, she says the RCMP originally told her it would compensate her for the damage caused, but then changed its tune.
She claims the RCMP denied liability for the repair costs to the door and told her to claim through her insurance company.
Song says the Kelowna RCMP abused its power and overreacted.
"Intelligence and common sense were just needed but was not used in this situation," the notice of claim says.
Song also says the street was closed for five to six hours, multiple police officers were involved and a SWAT team gave the public the impression the house was used by a terrorist or drug dealers.
She says the situation was embarrassing and caused her a loss of reputation.
Song is suing for $1,803 in repairs and maintenance, plus $2,000 for loss of reputation, plus $1,000 for mental stress.
When contacted by iNFOnews.ca Song refused to comment. The RCMP did not return our request for comment.
None of the allegations have been proven in court and the RCMP has yet to file a statement of defence.
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After Darmanin was picked up, he was charged with unlawful confinement or imprisonment, uttering threats, and possession of a firearm.
Crown prosecutors later stayed the unlawful confinement charge and he pleaded guilty to some of the other charges and spent 15 months in jail.
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