Officer’s trial opens with legal twist

Lawyers representing a Niagara Regional Police sergeant asked a judge Monday to stay his assault charge before a trial begins.

Lawyer Joseph Markson made an abuse of process application on behalf of Sgt. Jake Grant, who is standing trial in Ontario Court of Justice in St. Catharines for assaulting a member of the public while on duty.

Markson told Judge Cameron Watson the NRP’s investigation of its own officer was so deeply flawed that no remedy exists, short of staying the entire proceeding.

Markson said investigators didn’t consider the background of the victim, Bruce Love, 30, until well into the case, by which point they had already developed “tunnel vision” concerning Grant.

“It is the duty of investigators to examine all the evidence — not just that which helps build their case,” Markson told court.

He said the NRP also ignored an inherent conflict of interest by conducting its investigation — rather than turning it over to an outside agency.

All in all, he said the process wasn’t fair to Grant, Love or the public, which the police serve. Continuing the hearing, he said, would bring the “administration of justice into disrepute.”

The Crown will have its chance to respond today.

Grant is accused of assaulting Love while taking him into custody on Feb. 2, 2017, at a Subway in St. Catharines.

Markson said investigators didn’t take into consideration Love’s record, which shows a “propensity for crimes of dishonesty and violence for financial gain.”

He said the pattern repeated itself in Love’s attempt “extort” $1,000 from the NRP in the aftermath of the incident in February. Grant was arrested on April 21.

“Bruce Love’s evidence was for sale,” Markson said.

Love has 30 convictions on his record and has had contact with the police 162 times since 2006. Markson told the court of an incident in 2013 when Love hit a woman in the head with a two-by-four over a $5 debt.

“One thousand dollars is a princely sum for a man like Bruce Love,” Markson said, addressing a motive for Love to lie to police about the incident and his injuries.

Markson said the NRP officers were well into their investigation before they considered Love’s past.

The night of the assault, Feb. 2, Love’s first contact with the police was at a Tim Hortons, where officers escorted him away from the premises without a confrontation.

Love then went to a nearby Subway. Markson said he set up his phone to film the interior of the restaurant and plugged it into an outlet to make sure the battery stayed charged. When the Subway worker ignored him, he escalated his behaviour. Love stacked the chairs. When that didn’t work, he locked the doors — which caused the worker to flee through the rear and call the police.

Markson said Love then “orchestrated” his subsequent confrontation with police.

After officers entered the restaurant, Love fell to the ground and “turtled” in one of the officer’s words. Love was dragged outside, yelling he knew the officers were going to “kick the shit” out of him. Love was eventually taken to hospital for a mental health evaluation, where a subsequent report noted abrasions on his head.

Love later visited the police station and told another NRP officer, Det-Sgt. Scott Kraushar, that the whole thing would “go away” if the NRP paid him $1,000.

Grant is currently assigned to the quality assurance unit. At the time of the incident, the 15-year-veteran was assigned to uniform patrol.