After being demoted this past January, Halifax Regional Police officer Matthew MacGillivray is fighting back.
The 12-year veteran was bumped from the rank of sergeant to constable after the police complaints commission found he used excessive force during a traffic stop last fall.
A small portion of the arrest was filmed by Graham Labonte, one of the complainants. He and his wife, Angela Acorn, testified earlier this week at a police review board hearing in Dartmouth, N.S. They say Const. MacGillivray was hostile after pulling them over, failed to use reasonable force and allegedly assaulted Acorn.
READ MORE: Halifax police officer fights demotion
For his part, MacGillivray denies any wrongdoing. The 36-year-old says he was concerned for his safety when both Labonte and Acorn exited their car and approached him after the officer repeatedly told them not to.
WATCH BELOW: Video that Graham Labonte captured on his cellphone after he and his wife were pulled over last fall.
Insp. Lindsay Hernden, a divisional commander with the Halifax Police, told the hearing on Tuesday that MacGillivray failed to properly communicate or use de-escalation techniques during a traffic stop.
MacGillivray told the review board on Wednesday that he felt Acorn and Labonte’s behaviour was odd when he pulled them over for speeding on September 9, 2015.
At the time of the incident, MacGillivray testified he had conducted more than 650 traffic stops and never encountered both a driver and a passenger exiting their vehicle. He noted that Labonte was much larger than he was and approached him with his fists clenched, while he was attempting to place Acorn under arrest.
No criminal charges were ever brought against MacGillivray following the incident but Labonte and Acorn have filed a lawsuit against both MacGillivray and the Halifax Regional Police.
“The police review board will render a decision in due time as to whether Const. MacGillivray was properly disciplined given his actions,” said Jeff Garber, Manager of Investigations and Outreach with the Nova Scotia Police Review Board.
If the three-member police review board decides MacGillivray did, in fact, use excessive force, then his demotion will stand or he could be further penalized.
If the board sides in favour of MacGillivray, he will be returned to the rank of sergeant immediately.
Testimony continues Thursday when MacGillivray’s lawyer is expected to call an expert on use-of-force.
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