Released video shows Ottawa police brutality

OTTAWA – A judge has released a video that shows an Ottawa police special constable kicking a man in the cells after other officers dragged him by the legs.

The video of the kick so disturbed a judge that she blurted out "Jesus" while watching the recording during the trial of Terry Arthur Delay, 42, who had been charged with assaulting police. Those charges were stayed by the Crown.

The video played a role in two different criminal cases, both of which resulted in the staying of charges against people accused of assaulting police.

On Wednesday, Justice Richard Lajoie released the video, which had been entered as an exhibit in the trial of Stacy Bonds, a 27-year-old theatrical make-up artist who had charges of assaulting police stayed last month. Those charges were also stayed after a judge found she was unlawfully arrested and watched a different video of Morris kneeing Bonds in the leg before she was taken to the floor and her shirt and bra cut off by Sgt. Steve Desjourdy as three other male officers were present.

In the Delay case, Nicholas said Delay, a homeless Aboriginal man, was kicked by Melanie Morris like "you wouldn’t kick a dog." The judge also said the entire incident "rattles [her]0 confidence in the system."

"I’m very, very troubled by what I’ve seen," said Justice Diane Nicholas, who told Delay someone ought to apologize to him for what had happened and the three months and two weeks he had spent in jail. Nicholas stayed the charge at the Crown’s request in October 2009.

Delay, like Bonds, had been arrested for public intoxication and charged with assaulting police for allegedly raising a fist toward Morris on July 9, 2009. The case was stayed before any evidence was heard about the alleged assault, which supposedly occurred in the cellblock following his arrest.

"For a person who’s being dragged into a cell, to be kicked by an officer, which clearly appears to be in retaliation," Nicholas said, according to a court transcript. "If the assault had already occurred, which I don’t know because I haven’t heard about the assault, to kick somebody and what I thought when I saw that was, you wouldn’t kick a dog. You would not kick a dog. It profoundly disturbed me."

Delay, who has a lengthy criminal record, was arrested after police said they found him behind a hydro station on King Edward Avenue with open liquor. Const. Jean-Francois Martin testified he used knee strikes and grounded Delay before arresting him when Delay "stiffened up" and clenched his fists. He then took Delay to the cells at the Elgin Street police headquarters.

Martin, who received an award for his role in rescuing two people whose van had plunged into an icy creek in 2008, initially testified he arrested Delay because his inebriation made him a danger.

He also testified that Delay swore and acted aggressively when he was approached by the officers when he was left in his cell and that Delay tried to hit Morris while she tried to close the cell door.

According to a court transcript, the video shows Delay acting calm and compliant. Delay never hits or takes a swing at Morris on tape.

In her closing remarks, Nicholas said she found Martin’s testimony riddled with inconsistencies from beginning to end.

Martin’s notes from the arrest didn’t include details pointing to Delay’s inebriation until the very end, suggesting he tacked them on later, she said.

Martin also changed his testimony about Delay’s aggressiveness in the cellblock after being shown the video, saying the officers’ use of force was justified by his behaviour on the street and in the squad car and maintaining Delay continued to yell and swear despite appearing calm on tape.

Throughout his testimony, Martin maintained he never saw Morris kick Delay.