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Opening comments: More at the end. Ah the joy of being working for law enforcement the right to beat people up as you like and only rarely - very rarely will you ever be caught and be held accountable - used him "like a rag doll" to mop the juice.
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Toronto Star - June 6, 2007 - By Peter Small Courts Bureau. Seven court guards suspended in prisoner's jail cell beating
Officers' careers are on the line after four of them convicted on assault charges Four court guards have been convicted of viciously punching and beating a prisoner, then using his shackled body to wipe juice off the floor of the holding cells of Old City Hall provincial courthouse.
But Superior Court Justice Tamarin Dunnet found on Monday she had reasonable doubt as to the guilt of three other guards who testified they were there but did not take part.
Even so, the Toronto Police Service, which employs the city's court guards, suspended all seven without pay as of yesterday, said police spokesperson Mark Pugash. Their job status is under review, he said.
All seven testified what transpired was simply a "cell extraction" on an unruly and foul-mouthed prisoner, Dexter Boyce, because he refused to leave his cell on Sept. 30, 2004.
But Dunnet ruled otherwise: "This was not a routine cell extraction. It was an unsophisticated criminal act followed by an ill-conceived cover-up."
Boyce, 39, testified it started when he accidentally spilled juice on guard Donovan Smith and on the cell floor. After Boyce repeatedly refused to clean up the juice, guard supervisor John Feeney threw a cupful in his face and fellow guard Thomas Findlay kicked him in the face, Boyce said. Other guards attacked him and, after shackling his arms and legs, used him "like a rag doll" to mop the juice, he said. Guard Jeffrey Martin then practised martial arts kicks on him while "giggling," Boyce added.
"The only defence (I had) at the time was `Help! Help! Murder! Murder!'" Boyce said.
Boyce suffered soft-tissue injuries and was kept under observation in the prison hospital for a week.
He said he still has insomnia because of the beating and fears reprisals from the accused. He said he feels sorry for the convicted four because they may lose their jobs. "But they didn't feel sorry for me when they were beating me."
Feeney, 31, Findlay, 37, Kamaljeet Kang, 35, and Martin, 29 – were found guilty of one count of assault. They will be sentenced July 9.
Joseph Markson, lawyer for Findlay, Kang and Martin, said they were gravely disappointed by the ruling. "It's devastating," he said, adding they may appeal. Guards Donald Hebert, 36, Aaron Rodrigues, 26, and Smith, 36, were acquitted. Their lawyer, Gary Clewley, said their suspension is "not right. Whatever happened to the presumption of innocence?" Home Page - Main Table of Contents - Back up a page - Back to Top [COMMENTS BY DON B. - ] |