A mother who believes an investigation into her teenage daughter’s death was mishandled is relieved to learn that a retired judge has been appointed to oversee an investigation into her misconduct complaints against two Victoria police officers involved in the investigation.
“It is reassuring to see the police complaint commissioner views this complaint seriously, whilst acting in the public interest,” said Tracy Sims, whose 18-year-old daughter, Samantha Sims-Somerville, died on April 10, 2021, from a combination of the date-rape drug GHB and alcohol after Sims says she was lured to a gathering of older men in a Yates Street apartment.
Sims-Somerville was taken to hospital from the apartment with a friend who was put on life support and survived after intensive medical treatment.
Sims-Somerville’s blood-alcohol concentration was below the legal limit, according to a toxicology report. GHB, when combined with alcohol, can cause respiratory suppression and failure, and is sufficient to cause death, the coroner’s report into Sims-Somerville’s death said.
Victoria police concluded their investigation into Sims-Somerville’s death without recommending charges.
Sims has long believed her daughter was killed and has been outspoken in her fight for justice, successfully appealing to the coroner to reopen a probe into her daughter’s death that ultimately led to its reclassification as a homicide.
“Follow-up investigation revealed evidence that Samantha and her friend were intentionally provided an unregulated substance, without their knowledge, by another individual in the residence,” said the coroner’s report, which called “homicide” a neutral term that does not imply fault or blame.
Sims has also lodged complaints with the Office of the Police Complaint Commissioner against VicPD officers involved in investigating her daughter’s death.
After reviewing her complaint, the OPCC determined the circumstances alleged would constitute misconduct under the Police Act, if they are substantiated, Police Complaint Commissioner Prabhu Rajan said in a recent letter to Sims.
In April, Rajan determined it was necessary in the public interest to have the matter investigated by an external police force and appointed Vancouver police.
Now, the OPCC has appointed Brent Hoy, a retired provincial court judge, as discipline authority to take over from VicPD “due to the complex nature of the issues in this matter,” Rajan said in the letter.
Sims said she is relieved and more confident knowing the new discipline authority will be a retired judge.
“The coroner has validated Samantha’s innocence. Let there now be repercussions to those [police] members for what little regard Samantha’s life was shown through this shabby investigation,” Sims said.
Rajan said he considered it necessary in the public interest that a person other than an officer be appointed discipline authority based on a review of information received by his office.
While Vancouver police will continue to investigate the complaint, Hoy, as discipline authority, will assess the thoroughness of the department’s investigation into allegations of police misconduct and determine if further investigative steps are required, an OPCC spokesperson said.
Once Hoy and the OPCC are satisfied with the investigation, Hoy will issue a decision determining whether the alleged misconduct appears to have occurred and direct the next steps, the spokesperson said.
If a complaint is substantiated, the matter can go to a discipline hearing, where the discipline authority decides if the misconduct allegation is proven and proposes any disciplinary measures.
Sims alleged in her complaint that officers mishandled the investigation into her daughter’s death and mishandled her daughter’s property, which would constitute neglect of duty under the Police Act if substantiated, Rajan’s letter says. Comments she alleged an officer made to her would constitute discourtesy under the act, Rajan wrote.
The complaint filed by Sims alleges police were unaware of important evidence, such as a toxicology report of Sims-Somerville’s friend that showed she had GHB and another drug, Rohypnol, in her system on the day Sims-Somerville died.
Her complaint also alleges there were significant delays in the investigation, including that police waited three months to ask for the password to Sims-Somerville’s cellphone and another six months to request assistance from Apple to access the phone. She also alleges police did not request CCTV footage of the building where Sims-Somerville died for seven months.
Sims’ complaint alleges police wiped her daughter’s phone of all its data because Sims-Somerville had an expectation of privacy. The impact of losing the photos and videos on her daughter’s phone has been detrimental to Sims’ emotional well-being, her complaint says.
Sims alleges officers made several insensitive and flippant remarks to her, including telling her: “I know what your daughter looks like. I saw her at her autopsy,” when Sims took a photo of Sims-Somerville to a meeting with police.
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