The trial for 3 Calgary police officers accused of assaulting a suspect has been delayed until later this year after defence lawyers said they need more time to present their evidence.
“The case was set for a week and the Crown’s case lasted much longer than we anticipated,” lead defence lawyer Alain Hepner told Global News.
“So we all decided to reserve a block of time in November to finish… much preferable than chopping it up halfway through the defence case,” he added.
One of the accused officers may testify when the trial resumes and an expert witness is expected to give evidence from London, Eng. via CCTV camera, according to defence lawyers.
Constables James Othen, Kevin Humfrey and Mike Sandalack have all pleaded not guilty to assault causing bodily harm.
They are accused of beating up Clayton Prince after the car he was driving was pulled over on July 30, 2016.
Const. D’Arcy Oakes, who says he watched events unfold from nearby, testified that he heard Prince being yelled at to stop resisting arrest and to put up his hands.
Oakes described seeing the officers hit Prince with their knees and fists while he was on the ground, and said Prince had a bloodied nose and mouth when they led him to a police vehicle.
Oakes told court that it did not appear that Prince was resisting arrest and that the officers should not have had any trouble handcuffing him.
READ MORE: Witness officer testifies to ‘violent’ arrest of suspect by Calgary police
During cross-examination, defence lawyers questioned Oakes’s recollection of what happened.
Humfrey’s lawyer, David Butcher, said notes Oakes wrote that night don’t mention the use of force.
“The purpose of your notes is that you can accurately remember what happened when you are required to give evidence about the event, often month or years later,” Butcher said, to which Oakes responded “correct.”
Watch below from Aug. 22: A portion of video from Calgary Police Service vehicle dashcams that recorded parts of an alleged assault of a man by officers on July 30, 2016. Three officers are standing trial for assault causing bodily harm in August 2017.
Butcher asked whether Oakes had failed to follow the Calgary Police Service’s note-taking policy and whether his notes from that night are now unhelpful. The officer again replied that the defence lawyer was correct.
Prince was chased by police after he ran away from a traffic stop. Charges of resisting arrest and possession of marijuana were later stayed.
A provincial body that probes serious police actions began investigating a month after the arrest when video from a police dashboard camera contradicted officer accounts.
The Alberta Serious Incident Response Team said Prince sustained broken ribs, a collapsed lung, a facial laceration and significant bruising.
Othen and Humfrey also face charges of public mischief for allegedly making false statements.
READ MORE: Alberta police watchdog cites ‘dishonesty’ of Calgary officers charged with assault
Othen faces an additional charge of assault with a weapon — a key he is accused of digging into Prince’s neck.
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