Man hired to observe SIRT investigation into woman's arrest slams result

A Black man hired to watch Nova Scotia's police watchdogis slamming one of its decisions.

The decision found two white Halifax Regional Police officers did not use excessive force in the arrest of Santina Rao, a Black woman, in front of herchildren at a Halifax Walmart.

Tony Smith's contract with the Serious Incident Response Teaminvolved"providing observations andrecommendations about the investigation" to SIRT's director and lead investigator. SIRT was looking intothe Jan. 15 arrest that left Raowith injuries that included a concussion and afractured wrist.

Police and security guards accused Rao of trying to steal some produce after she placed the items in the bottom of her child's stroller.

The SIRT report said that Rao scratched the officer in the face during the arrest. When the officer took her to the ground, she scratched him again, which drew blood. Rao then struck the officer in the groin and he then struck her in the face.

Rao accused police of racial profilingand excessive force,but they werecleared by SIRTin a decision releasedWednesday.

WhenSIRT's acting director,Pat Curran, brought Smith on board in February, Smithwas a well-known advocatefor Black voices. He was a commissioner on the restorativeinquiry looking into abuse at the Nova Scotia Home for Colored Children.

Smith informed Curran"what I say is going to be throughthe lens of a Black person."

But the pandemic lockdownbegan barely one month into his work, and no arrangements were made for him to complete hisjob.

SIRT director Felix Cacchione returned to work in June. Smith had no say in the final report.

In his report, Cacchione wrote that"given the aggressiveness of the female, the actions of the officer in this matter were reasonable."

Charges against Rao of causing a disturbance, assaulting a peace officer and resisting arrest weredropped.

"I totally disagree with this [SIRT] decision," said Smith on Thursday, a day after the report was released.

"You don't even take the time to listen or to meet with me. That's totally disgusting to meas well, and that's what I think about his report."

What SIRT is saying

In a statement, Cacchione said Smith's role was to provide inputinto the investigation. Cacchione said he was not obliged to include it in hisdirector's report or its conclusions.

Smith's position was created while Cacchione was off the job. Curranwanted to ensurethe investigation, which involved a Black woman's treatment by white police officers, was given every opportunity to be viewed as fair, according to Smith.

"He said that he's a retired white judge, there are white police officers investigating other white police officers, and that optic within itself doesn't look like it would be a fair process," said Smith.

Cacchione stands by his callto absolve the officers "as a result of a complete review of all the evidence."

Red flags

Smith'sonly briefing with SIRT'sinvestigating officer was on Feb. 18, which raised several red flags for him. For the next couple of weeks, Smith went to Curran's office about a dozen times to review the file.

Smith said he was led to believe the statements obtained from the officers were done by SIRT. After reviewing the file, hesaw it was HRPthat gathered the statements.

Cacchione said officersunder investigation are not required to give a statement or provide notes to SIRT. Despite that, one officer provided a written statement, while the other provided his report, notes and photos of his injuries, he said.

Smith was also concerned about information that statedone of the officers was racist.

Questioning the fairness of the investigation

Cacchione said thatcomplaint was dealt with internally by the professional standards department of HRP. The allegation of a racist officer had no bearing on SIRT's investigation,said Cacchione.

Tacklingracism within the justice system is something that drives Smith. He'spart of the premier's design team that's addressing racism, inequality and systemic failures in the justice system.

Smith acknowledges he hasn't seen the full investigation. However, hequestions its fairness.

"If you were looking at trying to somehow have me as a token, you got the wrong brother," said Smith.

'I believe her,' Smith says

Watching videos of Rao being taken downbrought back memories of his own childhood trauma. He was a resident atthe Nova Scotia Home for Colored Children, a home where he and many residents sufferedphysical, emotional and sexual abuse.

"When I see that video, these kids are traumatized," said Smith.

He has a message for Rao.

"I just want to let her know that I believe her, I stand by her," he said. "I went into this position to look at and to seek the truth and justice, and she was denied that justice by not really truly getting a fair investigation."

For more stories about the experiences of Black Canadians from anti-Black racism to success stories within the Black community check out Being Black in Canada, a CBC project Black Canadians can be proud of.You can read more stories here.

MORE TOP STORIES