THE  DEMOCRATIC  REPORTER


• Home • Table of Contents • General News •


YouTube  site
where my videos are posted


Pages  of  Special  Interest;

In Defence of Canadians Rights & Democracy


* Hazel McCallion - Mayor of Mississauga *
- 2009 -
* Conflict of Interest & Judicial Inquiry *


* Public Question Period Index *
!! A Mississauga Democratic Tradition Lost !!


• Defense Fund for Donald Barber •

• Sound Clip Gallery • Video Clip Gallery •

• Byron Osmond Pleas for Mercy • Peel police Wrong Doings •

• Hazel McCallion - Mayor of Mississauga - her Misdeeds • The Culham Brief •

• Order of Canada & its Corruption •

• End of Suburbia & Continuous Communities as the Solution - JOBS FOR LIFE •


Other  Table  of  Contents;
• Events • Archive of Links •
• Media - News Articles & Letters to Media • Literature & News Letters •

• Elections Results in Mississauga • Political History of Mississauga • Political, Democratic & Legal Issues •

• Political Methods • The Meaning of Words & Phrases • Political Satire & Parody •
• City Mississauga Committees • City Mississauga By-Laws & Policies •
• Security Insanity • Police Issues, Complaints & News Articles •
• FOI - Freedom of Information Results & Issues •
• Legal Issues • Unions Issues •

• Political Players & Persons of Interest • Ratepayers Groups & their Issues in Mississauga •



Scanned, recopied or Internet copy, if there are errors, please e-mail me with corrections:


Opening comments:  More at the end.The_Record_June_2-10_-_police_face_another_small_claims_Court_challenge.htm

    Picture and more details.

One of the cases that
Davin Charney is involved in.


The Record (KITCHENER) - June 2, 2010 - By Brian Caldwell, Record staff - bcaldwell@therecord.com

Police face another small claims court
legal challenge over Kitchener arrest

 

Local police are back on the defence over allegations a Kitchener man was unlawfully arrested and beaten after refusing to identify himself or answer questions.

“I would say it messed me up,” Matthew Probert testified Wednesday.  “I guess I feel I lost some brain cells from the incident.”

A short, slight man with a shaved head and a learning disability who grew up in foster care, Probert is suing Waterloo Regional Police for $25,000 in small claims court over the April 2009 incident.

It’s the latest in a string of lawsuits launched by Davin Charney, a social-activist-turned-lawyer who had numerous run-ins with police himself while staging protests.

Probert, 26, testified he was walking along Ahrens Street West after going to a convenience store near his home one afternoon when Const. Troy Chessell pulled up in a cruiser.

When the officer requested his name and what he was doing, Probert said, he asked him if he was being detained or arrested.

Chessell told him he wasn’t, so Probert refused to co-operate.

“I said ‘Have a nice day’ and continued walking,” he said.

Probert — who had difficulty understanding many of the questions he was asked in court — testified Chessell then jumped out of his car and blocked his way on the sidewalk.

When the officer grabbed his arms, he said, he got angry and began yelling and swearing.

Probert said he was then put against the cruiser and arrested for causing a disturbance, resisting the whole time because he had done nothing wrong.

He said he was then thrown to the ground face-first and repeatedly punched, kicked and kneed by Chessell and two other officers who arrived.

“It gets a little blurry after I got my head smashed into the ground,” Probert said.

He was handcuffed and taken to the Kitchener police detachment, where he was strip-searched and put in a cell naked from the waist down before his pants and underwear were returned.

Probert was released on bail the next day.  A month later, charges of causing a disturbance, assaulting police and resisting arrest were withdrawn in court.

He described the incident as “humiliating” and said injuries to his head — shown in photographs entered as evidence — affected his already poor memory.

Chessell testified Probert was immediately aggressive when he tried to talk to him because he thought he recognized him as a member of a street gang called the Stick-Up Kids.

He said other gang members lived in the area and he was suspicious of Probert because he tried to avoid eye contact when he first drove by.

Chessell agreed he got out of his car and stood on the sidewalk, but testified the incident only escalated because Probert was so agitated and swearing so loudly.

He said he had grounds to arrest Probert for causing a disturbance and forced him onto the ground when Probert cocked a fist as if he was about to punch him.

Probert was kicking and biting as he resisted, Chessell said, then spit in the face of one of the other officers.

At that point, to prevent him from spitting again, he testified he punched Probert once in the face and pushed his head down against the pavement.

In cross-examination by Charney, he acknowledged his notes indicated there were “several punches.”

“I was just trying to have a conversation with Mr. Probert to tell him what I was thinking,” Chessell said of how the incident began.

The case went to trial despite offers from police to settle it out of court.  Terms of the offers weren’t disclosed.


Home Page   -  Main Table of  Contents  -  Back up a page  -   Back to Top


[COMMENTS BY DON B. -  ]



Your Financial Donations are Greatly Appreciated
and Very Much Needed to Ensure the Survival of
THE  DEMOCRATIC  REPORTER


The
Donald Barber Defense Fund
Needs help right now
&
Now Accepting Pay Pal.


• Home Page • Main Table of Contents •

Back to Top

• About This Web-Site & Contact Info •