Court orders new trial for OPP officer acquitted of assault on First Nations man
Const. Brian Bellefeuille found not guilty after 2012 altercation in Greenstone, Ont. jail cell
The Ontario Superior Court has ordered a new trial in the case of an Aroland First Nation man who was thrown to the floor of a Greenstone, Ont., jail cell with his hands cuffed behind his back during an altercation with an OPP officer in 2012.
Const. Brian Bellefeuille was found not guilty in 2013 of assaulting Gary Megan.
- OPP officer found not guilty of assault
- OPP officer 'feels terrible' for injury to First Nations man
- Judge, Crown clash in OPP officer's trial
The Crown appealed the decision and on April 7, Justice Terrence Platana ordered a new trial.
Platana ruled that..."a reasonable person would find that apprehension of bias was created by the judge's comments..."
That perception of bias was created at the trial during arguments about whether Megan had been lawfully arrested outside a Geraldton bar.
Bellefeuille told the court that Megan was so drunk that he was taken into custody for his own safety.
The Crown argued that police had other options for dealing with concerns about Megan's safety and suggested the police were targeting Megan because he had made an obscene gesture at a police car earlier that day.
Trial Judge Frank Sargent appeared reluctant to hear that argument, citing previous cases of First Nations people who had frozen to death; quoting headlines of articles about drunk people dying of hypothermia and asking the Crown ..."would it have been proper to let him walk, attempt to walk and freeze to death on the side of the road? I just want you to consider that."
The Crown referred to four other grounds for appeal in the case, but having ordered a new trial on the issue of bias, Justice Platana said it was unnecessary to determine the other issues. Platana then went on to say the trial judge made an error in not allowing cross-examination of Bellefeuille about his character.
By telling the court "I do not lie" and that he did not want a reputation for police brutality in the First Nations community which he belonged to through his mother, Platana said Bellefeuille put his own character up for scrutiny.
Bellefeuille has 30 days from the date of the ruling to appeal. If he doesn't appeal, the court will set a date for a new trial.