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www.1law1.com 2011/08/22 Article
"Judge dismisses assault charge"
By Kenneth W. Golish
Justice Lucy C. Glenn of the Ontario Court of Justice dismissed a charge of assaulting a peace officer in a Chatham court today. The defendant was charged with that offence in March, 2010.
After receiving a complaint about an overturned table and candlesticks damaged, police attended the nearby apartment unit of the defendant. Defence counsel Kenneth Golish argued the defendant did not assault the two police officers who arrested him, that in fact, the officers assaulted the defendant. Police claimed the arrest took place outside the apartment unit, but the defendant and his mother testified he was pulled from inside his residence. The judge accepted this evidence and rejected the prosecutor's argument that the police were there by invitation, the invitation arising from the defendant calling the police to make his own complaint about an assault. Absent emergency circumstances, the police may not arrest an individual in a residence without a warrant: The arrest being illegal, there could not have been as assault. The trial judge did not comment on the point, but defence counsel noted that the authority of the police to arrest an individual in a residence did not depend on the lawfulness of their presence. The authority should not be confused with the plain view doctrine that permits the police to act upon evidence in plain view, as long as their presence is lawful.
The judge then found the defendant guilty of mischief, but Kenneth Golish advised the court he would be asking for a stay of the charge and the case was adjourned to a later date.
www.1law1.com
I act for Jason Letourneau. Mr. Letourneau was arrested at his residence, #1 - 75 Baldoon, by Chatham-Kent Police Services officers, Ken Muir and Lynette O'Reilly on March 6, 2010. He was purportedly arrested for mischief. He was later charged with assaulting a peace officer, Ken Muir, as well as making harassing phone calls. I have been representing him the criminal proceedings involving all three charges.
Not only was Jason Letourneau unlawfully arrested without a warrant, but he was assaulted by both officers and was injured in that assault. It appears the assault charge against my client was instituted in bad faith, in part to cover-up for the unlawful assault on Jason Letourneau.
As matters stand now, my client was acquitted on the assault peace officer charge and harassing phone calls, but was found guilt of the mischief. That was before Justice Lucy C. Glenn of the Ontario Court of Justice on August 22, 2011. I am currently seeking a stay of that charge, failing which, I shall probably be appealing any finding of guilt as well.
This is to inform you that Mr. Letourneau will be seeking damages for these causes. I understand the Police Services Board is responsible for the misconduct of its officers. However, Mr. Letourneau's claim will likely include allegations the relate the combination of ad hoc and written policies that are contrary to the Criminal Code of Canada.
Damages will include claims for personal injury, for malicious prosecution. Particulars will include general and special damages, particularly legal fees related to defending my client.
I expect that you will referring this matter to legal counsel immediately. If not, please let me know. I would appreciate hearing from you or counsel within 15 days of receipt of this letter. Thank you.