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August 30, 2023 - 4:30 PM
A BC police officer got off with a five-day suspension from his employer after he requested special treatment from another officer who caught him driving drunk last year.
For a BC police watchdog, that punishment wasn't good enough and it's asking for a retired Supreme Court justice to review the investigation.
Surrey Police Service Constable Rajbir Thaber was caught in Delta where he not only failed a breath test, but was also found to have an expired drivers license on Aug. 26, 2022. He was issued an Immediate Roadside Prohibition by the Delta Police Department.
Separate from that proceeding, he was disciplined with a five-day suspension for driving while impaired, a concurrent three-day suspension for using his position to seek favourable treatment and a written reprimand for driving with an expired license, according to the Office of the Police Complaint Commissioner.
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That decision was delivered on June 6, which said his suspensions would be served without pay, but Police Complaint Commissioner Clayton Pecknold ordered a review on Aug. 30.
At the time of the Delta traffic stop, Thaber asked for a warning, claiming anything further would "ruin his life." He was on probation with Surrey Police and expected he would lose his job, according to the Office of the Police Complaint Commissioner.
Thaber asked for "police discretion" when it appeared he would be asked to blow into a roadside breathalyzer. He first claimed he only had one beer an hour-and-a-half before the traffic stop, then asked for a sergeant to come to the scene once he failed the test.
He was given an immediate 90-day driving prohibition and his vehicle was impounded for 30 days.
During a police interview after the traffic stop, Thaber changed his story from claiming he had just one beer to "two or three," according to the commissioner.
Aside from the driving prohibition and subsequent suspension, online court records reveal no tickets or criminal charges against Thaber related to impaired driving or his lack of a driver's license.
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Delta Police Department did not immediately respond when asked whether Thaber was charged or if police forwarded recommendations to Crown prosecutors.
Court records show he was ticketed in 2018 for using an electronic device while driving, which was also in Delta. He was eventually fined $225 in February 2019 after he disputed the ticket, according to court records.
Among his reasons to review Thaber's discipline, Pecknold found the suspensions and written reprimand were "inappropriate or inadequate," adding that Thaber's conduct could undermine public confidence in police.
He had already declined a prehearing agreement more than a month before Thaber was suspended, but it was then handed to Surrey Police Supt. Cliff Chastellaine to oversee the June decision.
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"The nature and seriousness of the alleged misconduct: impaired driving continues to be one of the leading causes of death and serious injuries and societal expectations, as reflected in the laws of Canada, demonstrate the seriousness of the conduct," Pecknold said. "Additionally, attempting to use one’s privileged position as a police officer to seek preferential treatment is a serious affront to the public trust."
Now-retired Supreme Court Justice Elizabeth Arnold-Bailey will review the decision, who may decide to hand down a different punishment, but Pecknold also decided a public hearing wouldn't be necessary.
It's not clear when the review and final decision will come to a close.
— This story was edited at 10:10 a.m. Aug. 31 for clarity
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