Crown scrutinizes RCMP officer’s memory at assault trial

Const. Luke Tomkinson was back on the witness stand in Iqaluit’s courthouse Tuesday as Crown prosecutor Yoni Rahamim scrutinized the RCMP officer’s notes and memories of the incident at the root of his charges.

Tomkinson’s assault with a weapon and uttering threats charges stem from a call he responded to while on a relief posting in Arctic Bay the morning of Feb. 15, 2020.

The officer is accused of pointing his conducted energy weapon, also known as a stun gun, and shouting a threat at Andrew Muckpa whose home Tomkinson and Const. Jesse Byer attended when they responded to a report of a young woman who was overdosing.

Rahamim cross-examined Tomkinson Tuesday morning.

The Crown lawyer’s focus was on two reports Tomkinson filed immediately after the call: his supplementary occurrence report to assist Byer’s investigation, and his subject behaviour/officer response report — a mandatory RCMP filing for use-of-force incidents.

Tomkinson, 35, testified he wrote the reports independently at the Arctic Bay RCMP detachment, with Byer only assisting him in naming the people who were involved.

He noted there was a need to finish the filings before leaving Nunavut two days later because the RCMP in British Columbia, where he is based, use a different reporting software.

Rahamim pressed Tomkinson on differences between what he wrote in his reports, what he testified to in court, and what was captured on cellphone videos of the incident.

“I had a lot of adrenaline going through me,” Tomkinson said.

He recalled hearing multiple threats “to the effect of ‘I’ll kill you,’” said by Muckpa, who was seated on a couch about two metres away while the two officers were arresting Ivan Oyoukuluk.

In the video evidence, Muckpa is recorded, once, out of frame saying “I’ll kill you.”

However, that was after Tomkinson is seen to have pointed his stun gun and to have begun re-holstering it.

Another difference: where the stun gun was pointed.

Tomkinson testified he pointed it toward Muckpa’s feet. However, Rahamim noted his use-of-force report indicated he pointed it toward Muckpa’s head.

Seeing the videos again, Tomkinson said, refreshed his memory.

Tomkinson denied Rahamim’s suggestion that he had memory issues, or was burnt-out at the end of his relief duty as he was preparing to leave.

“I was tired, but I wouldn’t say I was burnt-out,” he said.

Defence lawyer David Butcher called on Sgt. Brad Faucett, a policing instructor and retired Vancouver officer, as the final witness of the trial.

Faucett’s testimony and cross-examination discussed hypotheticals of when an officer’s displaying of a stun gun and use of aggressive language may be justified in a potentially threatening situation.

Lawyers are scheduled to present their final submissions Thursday.

Justice Christian Lyons said he does not expect to make a decision on the case this week.