A former Halifax police officer who had been convicted of assaulting a homeless man will face a new trial after a three-judge panel overturned his conviction on Monday.
The three-member panel of the Nova Scotia Court of Appeal quashed the conviction, saying they agreed that the lower court judge should not have used the victim’s interpretation of a security video showing the altercation on Feb. 25, 2018.
Laurence Gary Basso was found guilty of assault causing bodily harm in connection with the incident outside Metro Turning Point.
Basso, then a corporal in the Halifax Regional Police, was called to the shelter located on Barrington Street to remove Patrice Simard after he was caught drinking in his bunk, a violation of the facility’s rules.
Surveillance footage shown in court captured Basso striking Simard in the face.
During the trial in provincial court, Simard repeatedly said he had almost no memory of what happened the night he was confronted by Basso.
Simard said his testimony was based on what he could see in the video.
Basso testified that he struck Simard in the head in response to a punch Simard landed on the officer’s leg – a punch the officer said can’t been seen on the video because of the camera angle.
Simard required medical attention after the assault and was eventually treated for a broken nose as a result of the assault.
The former police officer was sentenced to three months in jail in January 2019, with Halifax police confirming at the time that Basso had been fired from the force.
READ MORE: Man weeps after seeing video of Halifax officer allegedly striking him
The decision on Monday means that the conviction has been vacated and a new trial ordered.
The Halifax Regional Municipality confirmed to Global News that Monday’s decision does not change Basso’s employment status with the municipality.
— With files from Global News’ Alexa MacLean and Elizabeth McSheffrey and The Canadian Press