Ottawa Citizen

Police mum on return to work by Montsion following his acquittal

- AEDAN HELMER ahelmer@postmedia.com Twitter.com/ helmera

Const. Daniel Montsion's return from suspension remains unclear following his acquittal Tuesday on manslaught­er and assault charges in the death of Abdirahman Abdi, as the Ottawa Police Service has so far declined to say when the officer will return to active duty.

Montsion was placed on administra­tive leave following Abdi's July 24, 2016 fatal arrest as he and fellow Const. Dave Weir were named subjects of the Special Investigat­ions Unit probe. Weir was not charged.

Montsion, a member of the direct action response team (DART unit) at the time of the arrest, was suspended with pay on March 6, 2017, when the SIU laid the three charges. His long-running criminal trial started in February 2019 and ended with Tuesday's verdict.

Ottawa police would not say Wednesday whether Montsion's suspension had been lifted after his acquittal, and would not comment when asked what duties or role he might perform with the force, or what unit he will serve with once reinstated.

An Ottawa police spokeswoma­n said Wednesday the force had “no further details” and “no updates at this time.”

Outside court following Tuesday's verdict, Montsion's lawyers, Michael Edelson and Solomon Friedman said he is “looking forward to getting back to work” after four years of litigation.

Ottawa Police Associatio­n president Matt Skof said Wednesday he has not been informed of any change in Montsion's employment status.

“I haven't been contacted and neither has (Montsion), so his work status is, he's still suspended,” Skof said.

There was likewise no informatio­n available Wednesday on the status of Montsion's legal fees, which, according to policy, will now be billed to the Ottawa Police Services Board following the acquittal.

According to the “legal indemnific­ation” clause in the collective agreement between OPS and its members: “An employee charged with and finally acquitted of a criminal or statutory offence, because of acts done in the attempted performanc­e in good faith of his/her duties as a police officer shall be indemnifie­d for the necessary and reasonable legal costs in the defence of such charges.”

The City of Ottawa directed all questions about compensati­on for legal costs during Montsion's trial to the OPSB.

Requests for comment from OPSB executive director Krista Ferraro and from OPSB chair Diane Deans were not immediatel­y returned Wednesday.

In a statement on Tuesday's verdict, Deans said the “long and

painful” trial process “has added to an already strained relationsh­ip between the community and our Ottawa Police Service members.

“This board acknowledg­es the significan­t issues we face with public confidence and accountabi­lity. Today we recommit ourselves to the work that needs to be done to better serve our citizens and our members.”

Skof said the policy was establishe­d in recent years “after many years of issues over when legal indemnific­ation would be applied.

“We have a lot of history with the police services board around paying the bills from legal indemnific­ation, which exists in our collective agreement,” Skof said. “They are aware of the legal bills, that's part of policy, and we'll be finalizing our communicat­ions to them on this matter in the coming weeks.”

This board acknowledg­es the significan­t issues we face with public confidence and accountabi­lity.

Taxpayers were on the hook for $540,000 in legal fees following the 2013 acquittal of Ottawa police Sgt. Steven Desjourdy, who was cleared of sexual assault for cutting off the shirt and bra of a female prisoner, who was then left half-naked in soiled pants in a holding cell for more than three hours.

A judge found Desjourdy's actions were not excessive or abusive. The officer was also represente­d at trial by Edelson, along with partners Vince Clifford and Connie D'Angelo.

The $540,000 in legal fees were incurred over a 17-day trial in 2013, and were briefly contested by then-board chairman Eli El-Chantiry, who said at the time the OPSB wanted to wait for an internal disciplina­ry finding before issuing a cheque.

Montsion's trial, by contrast, sat for more than 70 days.

The OPSB did not immediatel­y offer comment Wednesday on whether it had received a bill for Montsion's legal fees, or how much those fees might be.

 ??  ?? Const. Daniel Montsion
Const. Daniel Montsion

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