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economist sundribune analysis tuesday dec 21 1999 with inquest coron recommendations leave unanswered questions alioutenars death by kathleen griffin staff writer i t nowhere near over its not over for the family of faraz suleman its not over for pet bob wiche or the beleaguered york regional police force and it certainly isnt over for the lawyers even as police were talking about closure in their reaction to fridays inquest ruling that the1996 police shooting was an accident sulemaris mother shaheen kamadia was vowing the fight will go oh in civil court shes suing wiche and the force for 4 million claiming wrongful death wiche is suing his force and the province for lack of security in connection with the knife attack he endured at the newmarket court house during his preliminary hear ing on manslaughter charges he is also suing the province and the special investigations unit for mali cious prosecution that one is worth 30 million kamadia has two strikes against her how the dismissal of the charges against wiche in 1997 and the verdict of accident when non- i culpable homicide was available for wiche he and his force are closer to complete vindication than ever before suleman died june 19 1996 on trafford crescent in markham kamadia had been trying to arrange his peaceful surrender to police after learning a warrant had been issued for his arrest in connection with two carjackings that spring police knew suleman was dri ving a stolen jeep and planned a takedown but dets wiche and dan kierstead spotted the vehicle and chased it suleman stopped the jeep wiche approached the drivers side wiche testified that his gun went off unintentionally after he was struck by the jeep he told the jury he doesnt remember firing the gun the jurys recommendations there are 27 of them give the only hint the public will have of their true thoughts and conclusions after six weeks and 23 witnesses under canadian law the jurors cant discuss their deliberations in a few recommendations we see more than just a hint perhaps its the nature of bur justice system but it seems critical questions in this case are unanswered t adrian hill lawyer for york regional police det robert wiche criticized shaheen kamadias parenting skills fr m hejurycalledfortheaboli- tion of the young offenders act despite advice by coroners coun sel brad kelneck to ensure their recommendations were rea sonable practical and relatively easy to implement young offenders abuse the leniency of the system the jury stated in explanatory comments this is likely a reference to the fact suleman had a previous brush with the law a shoplifting charge about a year before he was shot while suleman was wanted for driving the getaway car in two armed carjackings he was still just a suspect he had not been convicted or even formally charged officer after officer testified it wouldnt have made a difference if the driver of that jeep had been 16 or 60 1 how would scrapping the yoa have saved his life how will this prevent a similar death kamadias parenting skills were criticized often by police lawyers especially wiches lawyer adrian hill with two boys then 16 and 14 she had a demanding career as a union negotiator and a partnership in a restaurant taking up her evenings arid she was divorced the jury was reminded the recommendation that par ents should take an active and an accountable role in the correction phase of an offenders sentence is an emotionally charged suggestion shaheen kamadia above has a wrongful death suit pending over the fatal shooting of her son faraz suleman inset withfew practical teeth who will enforce it what does accountable mean financially emotionally- publicly the special investigations unit was slammed by the jury as well it said critical evidence was over looked in the initial investigation and staffing and funding should be improved siu bungles are the fod der of the media arid police unions deserving of increased civilian over sight but this recommendation was made despite coroner dr williarri lucas ruling that the merits of the siu probe was not an issue and dis allowing related evidence ere are some of the other sweeping recommendations by the three women and two men all from richmond hill or markham that all new vehicles have tarn- perproof ignitions so they cant be started by a screwdriver or other tool they want a highway traffic act review of tinted windows and they recommended an annual inspection of police firearms to check the pull pressure of the trig ger even though firearms expert sam barbetta testified wiches gun was in perfect working order like abolishing the yoa these are all perhaps worthy ideas in a perfect world practically speaking how much money will they cost and who will pay recommendations concerning police were focused on better corti- munication and training especially i in highrisk takedowns theyre looking for a provincial policing standard similar to new legislation- governing police pur suits as such this advice is laudable better training benefits all but the jury heard wiche a 16tyeaf veteran and kierstead with 23 years service 1 did not follow thehexistihg regula tions and procedures anyway they violated pursuit guidelines they neglected to stay behind cover and wait for backup as mandated they werent supposed to approach the vehicle if they believed the occupants were armed which they did j a ban on replica firearms is worth consideration as is the rec ommendation that thebfficer who uses force should fill out the use of force report f the jury also recommended the province establish a fund to assist families with their legal bills at inquests this recommendation came frorri the family because kamadia is the only person with standing at the inquest who is pay- ing for her own lawyer but the jury added a proviso only those who will not engage in civil action may be eligible after about a year the office of the chief coroner will review the progress made in implementing these recornmendations a public report is expected r cinlolrmtqgv june 11 1996 a york regional police officer is told fay a suspect in two gun- i point capackinthat faraz suleman a igyearold from markham drove the h getaway car two officers search his room and find twtfireplica guns kamadia i would later testify that she didnt consent to the search june 13 police issue an arrest war- t rant for suleman june 18 concerned because her son tjrj has not come home kamadia helps police arrange a sting june 19 3 am two officers chase a- stolen cherokee intending to escape on foot suleman and another teen stop on trafford crescent in markham but before they can get out det bob wiche appears at the drivers door suleman v puts the jeep in reverse but is blocked by a cruiser he accelerates forward sulking wiche his gun goes off hitting suleman in the head and killing him june 19 9 am police come to kamadias home to inform the family faraz is dead june 24 wiche writes in his notes that he fired a shot as he was bouncing off the front fender aug 27 because the shooting is still under investigation yorks police services board refuses to promote wiche to the rank of detective dec 16 kamadia files a 4million v wrongful death suit against police feb 6 1997 the siu charges wiche with manslaughter feb 26 the york police board refuses kamadias request that wiche be sus pended until his trial begins march 6 wiche is promoted to detec tive on the orders of a labour board arbi trator june 9 on the first day of wiches pre liminary hearing he is stabbed in the neck four times a 15yearold who was close to suleman is charged wiw v attempted murder aug 22manslaughtercharges against wiche are tossed out after a preliminary hearing judge terrehcewhetung roles the crown failed to show evidence wiche fired the shot intentionally september a coroners inquest is called into the shooting sept 22 the youth who stabbed wiche pleads guilty to attempted murder and is sentenced to 20 months and 15 days in a youth centre dec 7 wiche files a 6miliion lawsuit against the police board for failing to r provide adequate security in court r feb 16 1998 wiche sues the province and slli for 30 million for malicious 1 prosecution v sept 11 the youth who stabbed wiche is transferred to a halfway house nov 11999 the coroners inquest begins amid tension and high security kamadia orgariizes a rally about racism nov 4 const ben eng meets lawyers for wiche and the force at the shooting scene to review his testimony his 1996 notes contradicted wiches statements when he testifies at the inquest eng has changed his story dec 17the inquest jury rules sulemans death was an accident