New Westminster police officer won't serve outside, service, police

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New Westminster police officer won't serve jail time for off-duty assault


VANCOUVER -- A New Westminster police officer was spared a jail sentence today an off-duty assault.

A judge handed Const. Jeffrey Klassen a conditional discharge, a year's probation and 100 days of community service work for his assault on a civilian outside the Hyatt hotel two years ago.

Klassen, 40, was convicted on April 5 of assaulting Firoz Khan, 49, on Jan. 21, 2009, outside the Hyatt Hotel.

Despite Klassen's denials that he was drunk, the trial judge found Klassen was intoxicated when he assaulted Khan, a newspaper delivery man, and did not have justification to do so.

Klassen and two other off-duty officers had spent a night of drinking at bars along Granville Street after watching a Vancouver Canucks game at a pub in West Vancouver with sports broadcaster Dan Murphy.

Klassen was initially suspended with pay but after his conviction was suspended without pay until his fate is determined by his employer at a disciplinary hearing.

Vancouver provincial court Judge Jodie Werier said she took into account that Klassen had no previous criminal record and had issued a sincere, heartfelt apology to Khan.

Klassen had also suffered a death threat from a criminal gang and extensive publicity about his case, the judge added.

The judge found Klassen's role in the assault stemmed from a "drunken split-second decision" to come to the aid of his police buddy, Griffin Gillan, who had launched an unprovoked attack on Khan.

Klassen mistakenly thought Khan was assaulting Gillan, the judge said.

The Crown had asked the judge to impose a jail sentence of 30 to 60 days as a deterrent. The defence had asked for an absolute discharge.

The court was told that Klassen is married with two young children and had suffered personal and financial hardship from being suspended from duty.

Gillan, a West Van constable, earlier pleaded guilty to assaulting Khan and was sentenced to 21 days of house arrest.

The third officer, Delta police Const, Blair Tanino, was never charged.

Khan, who has filed a civil lawsuit against the off-duty officers, said outside court today that he was glad it was all over and he can get on with his life.

Khan has been off work since the incident.

After receiving a death threat during the trial, Klassen came to court today wearing a bullet-proof vest.

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During the trial, Khan testified he was delivering newspapers to the Hyatt hotel after 2:30 a.m. when he was confronted by a drunken man, Gillan, who launched an unprovoked assault.

Gillan, who admitted he had up to 25 drinks, was trying to get directions from Khan in order for Gillan to locate his car.

After Gillan had placed Khan on the ground and told him he was under arrest, he phoned his off-duty buddies, who were still at a bar on Granville Street, saying he needed "back up."

Minutes later, Tanino and Klassen pulled up in a cab.

Klassen testified as he got out of the taxi, he saw Gillan and Khan standing facing one another and Khan putting his hands on Gillan, who stepped back two steps.

"I thought I was seeing an assault in progress," Klassen told Vancouver Provincial Court Judge Jodie Werier.

Upon his arrival at the Hyatt, Klassen said Gillan had already got Khan on the ground.

"I yelled quite loudly, 'Stay down. Stay down,'" Klassen recalled.

"It looked to me like he was attempting to get up," he testified.

Klassen was a use-of-force instructor at the police academy and a New Westminster officer since 2006.

He grabbed Khan's right arm and told him to drop the object in his hand -- Khan was clutching a cell phone.

When Khan refused to obey, the officer said he pried it out of Khan's hand and put it in his pocket.

Klassen also ordered Khan to roll over, face down, and when Khan refused, the officer said he rolled Khan on his stomach, secured his left arm and put his right knee on Khan's shoulder.

As Vancouver police arrived on the scene, Klassen suggested the officers should arrest Khan, who was handcuffed.

But a civilian witness complained that Khan was the victim. Several witnesses at the scene confirmed Khan's account.

The rookie police officer, who had had Klassen as his use of force instructor at the Justice Institute, eventually arrested Klassen and Gillan.

Klassen was charged with assault and possession of stolen property -- Khan's cell phone. But the judge acquitted Klassen on the cell phone charge.

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Police officer Jeffrey Klassen leaves Provincial Court. Klassen was found guilty of assaulting newspaper delivery man Firoz Khan.



West Vancouver police Const. Griffin Gillan (left) was sentenced to 21 days' house arrest for his role in the assault of newspaper delivery man Firoz Khan (right).

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