The province's Criminal Justice Branch announced Monday there was no substantial likelihood of conviction against the unidentified officer involved in the Dec. 2, 2012 crash that seriously injured a Campbell River motorcyclist who was speeding, not stopping for police or wearing a helmet.
The decision follows an investigation into the crash by the Independent Investigations Office, the civilian-led agency that looks into officer-related incidents of death or serious harm.
"The Criminal Justice Branch reviewed the report that we received from the Independent Investigations Office," said Samantha Hulme, a spokeswoman for the Crown.
"The available evidence that they provided us — which included statements from the civilians and the police officers and the collision-analyst report and maps and photos and videos — the available evidence could not support a substantial likelihood of conviction for either a criminal offence or an offence under the Motor Vehicle Act against the RCMP officer."
According to the Criminal Justice Branch's charge assessment, the officer was responding to a report of a motorcyclist travelling at high speed, and at one point, clocked the biker driving at 124 km/h in a 50 km/h speed zone.
The officer stopped his vehicle on a local road, straddling the lane in which the oncoming motorcycle was travelling.
In an attempt to drive past the police vehicle, the motorcyclist then drove onto a gravel shoulder but lost control and dropped his bike onto its left side, the assessment says.
The bike then skidded into a ditch and the driver slid underneath the front of the police vehicle where he suffered significant injuries.
"Crown counsel has concluded it is not possible to prove that the officer's conduct in straddling the oncoming lane factually contributed to the loss of control by the operator of the motorcycle, and if so, that it constituted a marked departure from what one would reasonably expect in the circumstances or demonstrated a lack of due care and attention within the meaning of the provincial Motor Vehicle Act," states the assessment.
The Criminal Justice Branch said it's also unable to disprove the officer's reasons for stopping the vehicle so it straddled the oncoming lane.
The officer told investigators he was moving his vehicle off the road and into a driveway to avoid a collision but came to a complete stop, straddling the oncoming lane, because he believed the motorcyclist had swerved into the far side of the oncoming lane.
Civilian witnesses also confirmed the officer had activated the emergency lights on the vehicle, and those lights would have been visible to the motorcyclist, states the charge assessment.
While prosecutors have decided not to charge the officer, they have approved a number of driving-related charges against the motorcyclist.
The Criminal Justice Branch, the Independent Investigations Office and the RCMP have declined to release the name of the motorcyclist.Suggest a correction