[ql06] Re: CRIMINAL: Police misconduct
- From: "Kenneth Campbell [QL06]" <2kc16@xxxxxxxxxxxxxxxx>
- To: <ql06@xxxxxxxxxxxxx>
- Date: Fri, 12 Dec 2003 09:19:56 -0500
[Here's the Post's take. More details on the man's injuries and the
police claim he was injured before they arrived. This is looking worse
with each new fact. Betcha there's going to be a civil suit, too, as the
penultimate line suggests. Ken.]
Video captures arrest of man who claims police brutality: Officer's
notes say suspect hit him in parking lot fracas
Rob Shaw
National Post
Friday, December 12, 2003
A man charged with assaulting a Toronto police officer in an Etobicoke
parking lot in August has produced a home videotape that appears to show
the officer punching the civilian in the face.
Jama Jama, 21, has maintained he was struck in the face by Constable Roy
Preston as he tried to break up a fight in the parking lot of a Tim
Hortons restaurant early on Aug. 4.
According to police notes filed as evidence in the assault case, Const.
Preston wrote in his report: "Male strikes out with both arms hitting me
in the upper chest. Tell male to stop resisting and attempt to take
control of male."
But videotape shot by a friend in a nearby car shows Mr. Jama waiting
for police, hands lowered, while a man alleged to be Const. Preston
pushes him on to a car hood.
Mr. Jama provides a small struggle, but Const. Preston turns him around
and punches him in the face with a hand covered in a dark leather glove,
the tape appears to show.
Mr. Jama then stumbles out of sight of the camera.
Three other officers, constables Tomasz Szwedo, Cory Hedgemen and Jason
Taylor also reported Mr. Jama was the one to strike Const. Preston and
made no mention of the police officer punching Mr. Jama.
Const. Preston's report further details an apology that Mr. Jama
allegedly made for hitting the officer. Mr. Jama disputes he made such
an apology.
After the incident, police charged Mr. Jama with assaulting a peace
officer and causing a disturbance.
"I think it's clear that Mr. Jama did not commit any crime here," said
Andrew Vaughan, his lawyer. "Police intentionally made false charges
against him and intentionally filed false reports."
Mr. Jama, a native of Somalia, said he was surprised and disappointed by
police behaviour that night.
"This is what they do to people, they write down whatever they want,"
said Mr. Jama yesterday.
"I would like to see justice. This is impossible that it'd be happening.
They shouldn't be beating anyone like this. My family never touched me;
they never beat me. How can officers touch me when I didn't even do
nothing?"
Mr. Jama said he ran from police out of surprise at the attack. He
alleged police caught up to him, stepped on his head, began beating him
and knocked out a front tooth while giving him cuts.
The police report said those injuries happened before officers arrived,
when Mr. Jama was allegedly in three earlier fights. "As you can see
from the video, the face is fine before police officers got a hold of
him," Mr. Vaughan said.
The videotape appears to show Mr. Jama with a full set of teeth and no
visible cuts or scrapes before police arrived. Mr. Jama still has the
T-shirt he was wearing that night, covered in dirt and blood with what
he said are boot marks on the back.
"Mr. Jama and his family members, after they picked him up the next day
from the police station, went back to the scene and they found the tooth
still there where my client says he was arrested and where the police
said he was arrested," Mr. Vaughan said.
Toronto Police Chief Julian Fantino has launched an investigation with
the Internal Affairs Department.
"We are going to get to the bottom of it," Chief Fantino said yesterday.
"There will be answers."
The police union will reserve judgment until it sees the results of an
investigation, said director Rick McIntosh.
Mr. Vaughan said he wants to meet Crown prosecutors next week to discuss
dropping Mr. Jama's charges. The trial date is set for June 7, 2004.
Mr. Jama does not have a criminal record and has also retained a civil
lawyer.
"It's not all cops; there are good cops out there," Mr. Jama said. "But
next time when I see cops, I'll think maybe they'll beat you up, so I'll
have to hide."
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