A provincial court judge has ruled a mistrial for a Deschambault Lake man accused of assaulting police officers last April.
Chadwick Andrew Custer was arrested by two RCMP officers in that community on a disturbance complaint.
During the arrest, it’s alleged that Custer uttered death threats, assaulted the officers and resisted arrest. Officers used a taser in the apprehension.
During the trial, after which the Crown had closed its case, the defense requested disclosure on; Cell block footage and any other CCTV footage of the accused’s time in custody in relation to these matters; any RCMP radio communications relating to the incident giving rise to the accused’s charges; Any and all notes made during the debrief between the RCMP members involved in the accused’s arrest and the Deschambault Lake detachment NCO which is referred to in the members’ reports, including the NCO’s notes or a detailed will-say statement (“the Debrief Notes”); Any and all copies of the members’ reports in relation to the incident, including information relating to the edits made, the times when the reports were initiated and concluded, and which individuals accessed them during the relevant time period (the “Task Activity Log and Re-working Commentary”); and The discharge data log from the Conducted Energy Weapon discharged in relation to this incident.
The defense was asserting that officers used excessive force during the arrest and needed the information, which was with the Deschambault Lake RCMP.
The Crown countered saying the defense’s request for disclosure of the RCMP evidence came too late and that handing over this material would hinder its ability to conduct a fair trial.
Yet Justice McAuley ruled the disclosure of information “is directly relevant and required in order for the accused to exercise his right to make full answer and defence to the charges that are before the court. The disclosure requested goes to the very nature of the charges and to the issue as to whether excessive force was applied by the police officers. I also conclude that the requested disclosure is the direct fruits of the investigation. The accused is entitled to a fair trial and I find that a fair trial requires the requested disclosure.”
McAuley continued, “In these circumstances, I find that the only appropriate remedy is to declare a mistrial as the ordering of the disclosure could irreparably alter the nature and fairness of the proceedings as a blended trial and voir dire potentially harming the Crown’s case as explained above.”
McAuley has ordered a new trial at the earliest convince.
(Photo of La Ronge Provincial court. MBC file.)