Victoria police officer committed discreditable conduct while in Vancouver, OPCC report says

The Victoria Police Department headquarters is shown: April 12, 2019. (CTV Vancouver Island)

Warning: This story contains graphic details.

The B.C. Office of the Police Complaint Commissioner (OPCC) has found that a Victoria police officer committed discreditable conduct while off-duty during a trip to Vancouver in 2018.

The discreditable conduct involved a sexual encounter between the officer and an acquaintance where the consent of the encounter was questionable.

The OPCC's finding was released on Aug. 12 by adjudicator Wally Oppal, who noted in his decision that the OPCC was only deciding if discreditable conduct occurred, and that it was not the office's responsibility to rule on criminal offences such as sexual assault.

A criminal investigation into the incident previously took place and led to no charges.

MAY 2018

The incident occurred on May 12, 2018, when VicPD Sgt. Brent Keleher was in Vancouver for a friend's bachelor party.

Keleher and his friends were at a bar when they met with the complainant, referred to by her initials as N.O. in the OPCC decision, and her friend identified as Ms. McKay.

N.O., who is also from Victoria, was visiting her friend McKay in Vancouver when they coincidentally learned they had mutual friends in the city for the bachelor party.

N.O. had told police that she had been drinking casually with McKay when she first arrived in Vancouver, hours before the pair met with the other group of three men, including Keleher.

Once the two groups were together, they continued to drink heavily and went to several different bars together.

"It would be an understatement to say that a considerable amount of alcohol was consumed by everyone," the decision reads.

Later into the night, the group went to a nightclub called The Roxy, where video at the club recorded the group dancing and mingling amongst themselves and other patrons.

The video also showed N.O. being physically supported by McKay, with members of the group giving varied witness reports of how the evening played out due to their level of intoxication.

The group eventually left the nightclub and arrived at the Coast Hotel, where Keleher had a room reserved.

IN AND OUT OF CONSCIOUSNESS

More video from the hotel seemingly showed that N.O. needed assistance from both McKay and Keleher to stand when they arrived.

Four people ultimately decided to stay in Keleher's room, which had two beds in it. McKay and another man shared one bed, while N.O. and Keleher were in the other.

N.O. reported that she remembers going to the bathroom and removing some clothing before climbing into bed.

She was wearing only her bra and underwear and said she thought she was alone in bed, before she awoke and found herself being touched.

N.O. reported that she was in and out of consciousness and doesn't remember if she said anything or took any action to stop the physical contact, but remembers that she did not want to be touched.

"I just curled up, I was terrified," N.O. testified.

Keleher recounts the night differently, saying that N.O. was speaking with him and was enthusiastically consenting during the sexual activity.

He testified that he touched her arm, shoulder and hips before they kissed passionately and touched each other's genitals with their hands.

But, he said that's as far as things went that night.

"He testified that he withdrew and said to her, 'can we keep this to ourselves?' And that 'you are not the only one with something to lose,'" reads the OPCC decision.

N.O. would later tell the courts that the only thing she remembers clearly is waking up the next morning and Keleher asking her not to tell anyone about the night before.

POLICE INVESTIGATION

While returning to Victoria, N.O. says she remembers being concerned that she may have been sexually assaulted while she was unconscious.

The next week she went to a sexual assault clinic in Saanich, B.C., and two weeks after that she reported the incident to Vancouver police.

The police investigation included intercepting phone calls between N.O. and Keleher where they discussed the trip.

The calls indicated that Keleher was aware of N.O.'s level of intoxication that night.

"…I mean, if, if it's kind of - if it helps put anything at ease, we did not have sex that night. I know, I know you were pretty drunk and you might not have a full recollection but we did not have sex," Keleher said in one of the calls, while unaware that police were listening.

'CLEARLY VULNERABLE'

While the police investigation would ultimately lead to no charges being filed, the OPCC says enough evidence is available to constitute discreditable conduct of a police officer.

"I find that Sgt. Keleher was, at the very least, reckless as to whether N.O. consented to the sexual act," Oppal said in the decision.

"Surely it must have been apparent to him, as an experienced officer, that she was clearly vulnerable."

He noted that Keleher and McKay had to physically support N.O. during multiple periods in the night, and that it's unlikely someone could have genuinely thought consent could be provided at that level of intoxication.

Keleher continues to work for VicPD as of Monday. The police department says he will remain on active duty until a penalty decision is made by the OPCC.