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A judge on Friday refused the Crown’s argument that the court must book an earlier trial for the cop charged in the death of Abdirahman Abdi.
And for the first time, the public got a sense of what direction Const. Daniel Montsion’s criminal trial will take without any evidence being presented yet.
The case could turn on the cause of Abdi’s death.
“This is not a beating,” defence lawyer Michael Edelson said in court, suggesting Abdi died of a heart attack.
A 12-week trial for Montsion is scheduled to begin on Feb. 4, 2019, but in court on Friday prosecutor Roger Shallow argued it’s far too long for the public to wait for a resolution in a case that has created divisions in the community.
The Crown wanted the trial to begin in early spring 2018.
When the trial dates were set in July, the Crown was ready to begin a lengthy trial in September 2018, but Edelson wasn’t available, so the accused officer waived his right to be tried within a reasonable amount of time.
That decision alone, Edelson argued in his court submissions, made the Crown’s application moot.
Even though the two sides agreed on the February 2019 trial start, the Crown asked court to force an earlier date to maintain the public’s confidence in the justice system.
Edelson rejected the Crown’s idea to move the trial to a government building, one possible answer to the Elgin Street courthouse being booked solid into late 2018.
Edelson also opposed the idea of moving the trial to a courthouse in a neighbouring jurisdiction. Those smaller courthouses don’t have the necessary security, he said.
A decision favouring the Crown could have forced Edelson — the go-to lawyer for police officers facing criminal charges — off the case if his schedule didn’t permit a lengthy trial in 2018.
Abdirahman Abdi died following a violent arrest on July 24, 2016.
An affidavit from Matt Skof, president of the Ottawa Police Association, was included in Edelson’s package of court material, explaining that Montsion wants Edelson on the case.
In his affidavit, Skof says that since he has been president of the union, there have been five criminal cases involving an officer. Edelson was on four of them — two ended in acquittals, one was withdrawn by the Crown and another was stayed by the Crown. The fifth case, a provincial offences matter, was handled by another lawyer.
In the end, Justice Jonathan Brunet sided with the defence, recognizing that Montsion waived his right to a timely trial and emphasizing Montsion’s right to choose his legal counsel.
The judge also recognized that the key evidence will likely include expert testimony and video, relying less on other witnesses whose memories of the events could fade over time.
Abdi, 37, an immigrant from Somalia with apparent mental health issues, died in police custody after a violent arrest on the morning of July 24, 2016 in Hintonburg. Customers of a Bridgehead coffee shop called police about a man groping women. Police arrested Abdi outside his apartment building on Hilda Street at Wellington Street West. Abdi lost vital signs during the arrest.
On March 6, 2017, the Special Investigations Unit charged Montsion with manslaughter, aggravated assault and assault with a weapon. He is suspended from the police force but continues to be paid while the charges are in the court.
The Crown said public interest in the case, combined with the necessity to maintain the public’s confidence in the administration of justice, compels the court to expedite the trial.
Edelson took issue with the Crown’s version of “public interest” in the case.
“The purported ‘public interest’ citied by the Crown is based on a fringe group of extremists who have already prejudged this case and condemned (Montsion),” Edelson’s written submission said.
In its written submission, the Crown points to the R. vs. Jordan decision by the Supreme Court that calls for trials to be concluded within 18 months of charges being laid.
“It is unacceptable that the first available dates offered by the court — in a case that has generated such heightened levels of public concern and consternation — is scheduled to start on a date that is beyond the presumptively unreasonable limit imposed by the Supreme Court. Such a state of affairs undermines the public interest and confidence in the administration of justice,” the Crown’s written submission said.
The judge, however, said the right to a timely trial is an “individual right,” which Montsion decided to waive.
jwilling@postmedia.com
twitter.com/JonathanWilling
查看原文...
And for the first time, the public got a sense of what direction Const. Daniel Montsion’s criminal trial will take without any evidence being presented yet.
The case could turn on the cause of Abdi’s death.
“This is not a beating,” defence lawyer Michael Edelson said in court, suggesting Abdi died of a heart attack.
A 12-week trial for Montsion is scheduled to begin on Feb. 4, 2019, but in court on Friday prosecutor Roger Shallow argued it’s far too long for the public to wait for a resolution in a case that has created divisions in the community.
The Crown wanted the trial to begin in early spring 2018.
When the trial dates were set in July, the Crown was ready to begin a lengthy trial in September 2018, but Edelson wasn’t available, so the accused officer waived his right to be tried within a reasonable amount of time.
That decision alone, Edelson argued in his court submissions, made the Crown’s application moot.
Even though the two sides agreed on the February 2019 trial start, the Crown asked court to force an earlier date to maintain the public’s confidence in the justice system.
Edelson rejected the Crown’s idea to move the trial to a government building, one possible answer to the Elgin Street courthouse being booked solid into late 2018.
Edelson also opposed the idea of moving the trial to a courthouse in a neighbouring jurisdiction. Those smaller courthouses don’t have the necessary security, he said.
A decision favouring the Crown could have forced Edelson — the go-to lawyer for police officers facing criminal charges — off the case if his schedule didn’t permit a lengthy trial in 2018.
Abdirahman Abdi died following a violent arrest on July 24, 2016.
An affidavit from Matt Skof, president of the Ottawa Police Association, was included in Edelson’s package of court material, explaining that Montsion wants Edelson on the case.
In his affidavit, Skof says that since he has been president of the union, there have been five criminal cases involving an officer. Edelson was on four of them — two ended in acquittals, one was withdrawn by the Crown and another was stayed by the Crown. The fifth case, a provincial offences matter, was handled by another lawyer.
In the end, Justice Jonathan Brunet sided with the defence, recognizing that Montsion waived his right to a timely trial and emphasizing Montsion’s right to choose his legal counsel.
The judge also recognized that the key evidence will likely include expert testimony and video, relying less on other witnesses whose memories of the events could fade over time.
Abdi, 37, an immigrant from Somalia with apparent mental health issues, died in police custody after a violent arrest on the morning of July 24, 2016 in Hintonburg. Customers of a Bridgehead coffee shop called police about a man groping women. Police arrested Abdi outside his apartment building on Hilda Street at Wellington Street West. Abdi lost vital signs during the arrest.
On March 6, 2017, the Special Investigations Unit charged Montsion with manslaughter, aggravated assault and assault with a weapon. He is suspended from the police force but continues to be paid while the charges are in the court.
The Crown said public interest in the case, combined with the necessity to maintain the public’s confidence in the administration of justice, compels the court to expedite the trial.
Edelson took issue with the Crown’s version of “public interest” in the case.
“The purported ‘public interest’ citied by the Crown is based on a fringe group of extremists who have already prejudged this case and condemned (Montsion),” Edelson’s written submission said.
In its written submission, the Crown points to the R. vs. Jordan decision by the Supreme Court that calls for trials to be concluded within 18 months of charges being laid.
“It is unacceptable that the first available dates offered by the court — in a case that has generated such heightened levels of public concern and consternation — is scheduled to start on a date that is beyond the presumptively unreasonable limit imposed by the Supreme Court. Such a state of affairs undermines the public interest and confidence in the administration of justice,” the Crown’s written submission said.
The judge, however, said the right to a timely trial is an “individual right,” which Montsion decided to waive.
jwilling@postmedia.com
twitter.com/JonathanWilling
查看原文...
