Ontario Superior Court Justice M. Gregory Ellies found Glenn Weddell not guilty of aggravated assault and assault with a weapon for the injuries inflicted on Dorian Barton during the June 26, 2010 demonstration that took place a few hundred metres south of the Ontario legislature.
“I believe him when he says he did not strike Mr. Barton with his shield and knock him to the ground,” Ellies said.
A relieved Weddell hugged his wife after the verdict in a small University Ave. courtroom filled with media and police officers in civilian clothes.
“It’s been hard on me and my family and I just want to get back to what I love most – it’s policing in the city,” the 49-year-old father of one said.
“I’m glad that he saw that I was innocent and I’m glad it’s over.”
It was the first trial for a police officer accused of assaulting a citizen during the gathering of world leaders that was marred by riots, controversial mass arrests and allegations of police brutality.
Barton testified he came to the protest merely out of curiosity and while photographing mounted police was rammed hard with what felt like a riot shield, then hit more than five times by persons unknown.
Andrew Wallace, a hospital worker also taking pictures of the protest, said he saw Weddell emerge from a line of riot police to viciously hit Barton with his shield and baton, completely without provocation.
Wallace’s photos and two videos by others captured part of what happened to Barton, but apparently not the moments of the alleged assault.
Weddell denied using force against Barton. The police officer said he could barely remember his interactions with Barton at first because they were insignificant.
But after reviewing images of events he now says he helped Barton up from the pavement by his T-shirt and guided him clear of police lines.
The judge said Weddell’s lack of recollection of the events caused him concern, but added that the officer would remember assaulting Barton, if it indeed occurred.
Toronto Police Association president Mike McCormack told reporters the trial demonstrates the difficulty officers had in policing the G20 and the animus some witnesses have toward them.
“Our officer here has been vindicated,” he said.
Defence lawyer Peter Brauti said it was refreshing to see how Barton testified in an honest manner. “Clearly he got knocked down by someone, by something and he came forward and said, ‘I don’t know what happened. He didn't exaggerate his evidence.’”
Crown prosecutors Peter Scrutton and Philip Perlmutter argued that the photos and other videos strongly suggest Weddell joined another officer in roughly tossing Barton onto a lawn. Other frames indicate Weddell brandishing his baton and shield near the victim, they contended.
But Brauti argued the prosecutors did not come close to proving their case, instead creating a series of shifting theories to make up for their weak, contradictory evidence.
The only witness to say he saw Weddell assault Barton was Wallace, and he lied, Brauti argued. Not only that, but he deleted a picture he took of the crucial moment that could show what really transpired at first between Weddell and Barton, Brauti alleged.
But the prosecutors defended Wallace, saying he is credible, independent and had no axe to grind. The so-called missing photo is a red herring, they argued.
The judge also doubted Wallace’s reliability and credibility. “It is difficult to understand why Mr. Wallace would delete any photographs and then say that he didn't,” Ellies said. He added that Wallace’s credibility was affected by the animosity he displayed toward police while testifying, though he does not believe he deliberately lied.
Original Article
Source: thestar.com
Author: Peter Small
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