Facial wounds inflicted on David Banford, which he claims were caused by excessive force at the hands of Nanaimo RCMP Cst. Joshua Grafton. (Submitted photo)

By Ian Holmes

excessive force allegation

Nanaimo RCMP K9 officer sued for alleged ‘reckless, lawless & evil actions’ during arrest

Dec 22, 2020 | 5:31 AM

NANAMO — A Nanaimo man wants a local Mountie held accountable for what he describes as excessive force causing physical, psychological and emotional trauma.

David Alan Banford’s civil claim filed in BC Supreme Court in Nanaimo in September relates to his Feb. 16, 2019 arrest during a snowy evening off Nanaimo Lakes Rd. where it was alleged Banford and an accomplice broke into a cabin.

Crown Counsel recently dropped charges of break and enter and assault with a weapon against Banford.

It was alleged Banford bear-sprayed two men at a private cabin at Deadwood Creek Campsite before running off to be chased by Nanaimo RCMP Cst. Josh Grafton.

Banford’s lawsuit for punitive and exemplary damages was filed on Sept. 10. It stated after being instructed to go on the ground, Cst. Grafton “acted with reckless indifference” by ordering the K9 member to attack Banford.

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Cst. Grafton encouraged the dog to continue biting Banford while he was face down, even though the officer could hear him screaming in agony and begging for the dog to stop, according to the claim.

Grafton then kicked and elbowed Banford, as well as punched him several times in the head and face causing “significant damages,” the claim stated.

Banford said he was intimidated, humiliated, terrified and not provided his Charter rights after his arrest.

He was hospitalized after his arrest.

“The actions of Grafton and the RCMP were reckless, arrogant, high-handed, abusive and showed a callous disregard for the plaintiff’s rights and physical welfare,” the claim said.

The Attorney General of Canada and Minister of Public Safety and Solicitor General in Banford’s suit.

A prior excessive force allegation by Banford was tossed out by the Independent Investigations Office a little over a year ago.

“The degree of force used was at the upper end of the justifiable range and, in different circumstances, might well be considered excessive. In these circumstances, however, it was not,” the IIO ruled.

Cst. Grafton filed a response to Banford’s claims on Nov. 23., denying every allegation made against him.

His response claimed concerns about Banford fleeing after being apprehended, resisting police and possibly being armed were factors he considered during the situation. 3

“Cst. Grafton used limited but reasonable force to gain control of the plaintiff and take him into custody. The plaintiff then ceased his assaultive behaviour and the members took control of the plaintiff and placed him into handcuffs.”

Grafton claimed Banford was verbally advised he was under arrest and of his rights to silence and a lawyer. Banford was told due to the remote location and lack of cell phone reception there would be a delay in phoning a lawyer.

None of the allegations made by either party has been proven in court.

The co-accused in Banford’s case, Jamie Nicole Johnston, was handed 18-months probation in August for being unlawfully in a dwelling.

Nanaimo RCMP confirmed while Cst. Grafton remains employed by the detachment, he is on medical leave for reasons unrelated to the incident or court action involving Banford.

This is not the only legal action against Cst. Grafton.

He was charged with multiple offences in June, 2020 for a 2016 Prince George incident when he used his police dog to pull a man from an allegedly stolen truck before punching the suspect repeatedly.

Court records showed Cst. Grafton was scheduled to have a pre trial conference for the matter in Prince George on Monday, Dec 21.

ian@nanaimonewsnow.com

On Twitter: @reporterholmes