Corrections officer charged with assault of inmate testifies in Napanee, Ont. court

The trial of a prison guard accused in the beating of an inmate at Millhaven Institution over a decade ago resumed in Napanee, Ont., court on Thursday.

The accused correctional officer has pleaded not guilty to assault with a weapon.

The alleged assault took place in November of 2012 at Millhaven Institution, where then-inmate Christophe Lewis says he was assaulted by corrections officer Blair Kay, who discharged pepper spray at him.

Kay testified in court that Lewis refused a mandatory strip search, and he was arrested as a result.

While on the stand, Kay said that the power was in Lewis’ hands to avoid escalating use-of-force during the altercation.

“I didn’t want that situation,” testified Kay on Thursday.

“Mr. Lewis had all the power in the world to end the situation.”

Through examination and cross-examination, Kay explained that under Correctional Service Canada’s use of force guidelines, pepper spray is considered lower on the scale of force, below physical handling.

Video evidence paints a chaotic picture of five-plus officers jammed into a small space trying to arrest Lewis, after they say he continually refused to submit to arrest.

Another officer involved in the altercation, Michael Kirkwood, testified on Thursday, corroborating Kay’s account of the reasons behind the arrest.

When asked if Lewis showed any signs of complying before the pepper spray was discharged, Kirkwood simply said, “No, he remained physically uncooperative.”

Under questioning, both men refuted statements made by Lewis that he lost consciousness and control of his bladder as a result of the altercation.

Both admitted that their reports about the incident didn’t have much detail — they also both conceded that there were more officers present than necessary.

With witness testimony now over, the trial will resume on March 9th when the Crown and the defence will make their final submissions to the judge.