It is a video that is as difficult to watch as it is impossible to ignore. Footage of PC Phillip Garbutt's alleged domestic abuse went viral yesterday, sparking widespread condemnation of the violence caught on camera.
And it has also put pressure on the police. The constable got off criminal charges but is he suitable for law enforcement work?
Today we learned that Garbutt was on interdiction from when charges were brought in February but now that the video is in the public domain, the investigation has now changed:
ASP Stacy Smith, Staff Officer
"PC Garbutt is currently on interdiction, he was interdiction from the time that he was charged and also alongside the criminal prosecution that was in place at the time were disciplinary proceedings which are still undergoing."
Reporter
"You're saying that he was placed on interdiction and the disciplinary actions at the time of the charge, was police aware aware of the extent of his actions and more so the surveillance footage that is now public?"
ASP Stacy Smith, Staff Officer
"Yes the surveillance footage was a part of the evidence however there's a process for everything and that disciplinary tribunal process has to take its course however I will admit that now there's a new dimension because it is in the public realm and calls are being made. I say this because it is important for us as police officers to be able to command the confidence of those persons with whom we serve and given that the video has made its waves on social media and persons are aware of who he is, that certainly calls into question his ability to continue gain the confidence of the public when it is that he's conducting his duties so that definitely creates a new dimension and we are doing that to see how best to approach the situation."
"Given that the matter has gone as viral as it has and it is now in the public domain, persons in the public and I cannot fault them for feeling that way are of the view that he cannot continue as a police officer."
Reporter
"What do you or perhaps your superiors think about the behavior that you all witnessed in that video?"
ASP Stacy Smith, Staff Officer
"I believe, every right thinking person would be of the same opinion in that the conduct is one that cannot be countenanced, children are vulnerable, women are vulnerable and they should be protected and especially so when you hold an office such as being a police officer you are certainly held to a higher standard."
Reporter
"If that video did not become public property, would it have had a different result?"
ASP Stacy Smith, Staff Officer
"As I stated, from the time the report was made he was arrested and he was faced with disciplinary charges, a part of the charge that he got was one that could have resulted in dismissal if he was conducted."
And while PC Garbutt is the topic of conversation, another point of interest is whether or not women should be able to withdraw charges against abusive men, police commented:
ASP Stacy Smith, Staff Officer
"In a situation where a virtual complainant no longer requests court action, it is very important for the prosecutor to assess whether or not the evidence that they have would be admissible notwithstanding the testimony of the virtual complainant."
"Because truly, a virtual complainant is what it exactly is, a virtual complainant. The offense was the breach of the law, and the state is the ultimate victim, "in such a situation." In the situation at hand, whilst the mother was at liberty to withdraw charges against herself, I believe, as it relates to the minor, a more thorough procedure had to have been done before the court would have allowed for it to withdraw."
"We know the minor has a father and an involved father, so certainly that would have been an option for the father to request court action on behalf of the minor child. Additionally, we know the human services department oftentimes place social workers because we also have instances where the parent is the person who is the accused in relation to a child, and that parent cannot go and say, I don't want no court action because of what was done to my child."
"So there are procedures that are in place when it is that a parent, as the case may be, wishes to withdraw charges in relation to an incident occurring against the child. I spoke to the commander of the gender-based violence response and investigative unit, and she had told me that as soon as that came to her attention, she brought it to the attention of the Office of the Director of Public Prosecution, and they are in possession with the case file. And we know that ultimate prosecution lies with the DPP office. And in such a situation where there is evidence outside of the adult by way of the video, I do not fear that the charges will not be reinstated and the prosecution will not be moved forward again."
