Expert says Const. Matthew MacGillivray’s actions reasonable during traffic stop

There are two very different versions of the events leading up to and following a 40-second video of the arrest of Angela Acorn following a traffic stop last fall in Halifax, N.S.

On Thursday, an expert in the use of force told a Police Review Board hearing that Const. Matthew MacGillivray acted reasonably after pulling over Acorn and her husband.

The hearing was called after MacGillivray, 36, appealed a police complaints commission decision to demote him from sergeant to constable for using excessive force during the traffic stop.

READ MORE: Halifax police officer fights demotion

The couple has said MacGillivray, a 12-year veteran of the police force, was hostile after pulling them over, failed to use reasonable force and assaulted Acorn.

Kelly Keith, not only teaches policing but is a cop himself. He told the board MacGillivray’s actions were reasonable after Acorn resisted arrest and her husband, Graham Labonte refused to listen to the officer’s orders to return to his car.

WATCH: Video captured on cellphone shows part of the confrontation between Const. Matthew MacGillivray and a couple during a traffic stop last year.

0:38 Halifax police officer involved in ugly confrontation with couple

“The burden is on the police department to convince us that there is a disciplinary default or defaults as the case may be, so the burden is on them and then to some extent it shifts back to the officer to lead evidence to suggest that there isn’t,” said Jean McKenna, chair of the Police Review Board.

Keith’s testimony differs from what Inspector Lindsay Hernden, an expert on use of force from the Halifax Regional Police, told the board earlier this week. Hernden called some of MacGillivray’s actions unreasonable and unnecessary.

MacGillivray testified that he felt threatened by Labonte, who outweighs him by more than 100 pounds. The officer told the board he only threw his name tag after being asked for it multiple times and as a way to distract Labonte.

MacGillivray also says he only unbuttoned one of three retention clips on his firearm in case the situation escalated, but said at no point did he threaten anyone.

WATCH: Halifax Police officer takes stand, testifies on his own behalf

“We just have to weigh the evidence and the test is, have the Halifax regional police established their case on the balance of probabilities. It’s not like a criminal test, it’s not beyond a reasonable doubt, it’s the balance of probabilities,” said McKenna.

Tweet This Click to share quote on Twitter: "We just have to weigh the evidence and the test is, have the Halifax regional police established their case on the balance of probabilities. It's not like a criminal test, it's not beyond a reasonable doubt, it's the balance of probabilities," said McKenna.

After final submissions are presented, the board will consider all the evidence and make a final decision on whether or not to reverse MacGillivray’s demotion.

That decision is expected within a month.

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