Feb. 3, 1976: Lawyer triumphs in nose-twisting assault appeal
An Edmonton lawyer successfully appealed his conviction that he had assaulted a police officer by twisting his nose. A Calgary district court judge allowed the appeal of Samuel Doz and quashed the March 1975 conviction, when Doz was fined $300.
The judge said the evidence of three city policemen was “incredible in my view.” The three had testified that Doz had slapped at least two of them in the face and two of them agreed he had twisted the nose of one.
Why would behaviour such as this have been tolerated, the judge asked. Why wouldn’t a policeman grab and restrain an accused person after the first slap?
He also described a neighbour of Doz’s as “impressive as a witness.”
The neighbour, William Becker, who lived across the street, said he was watching from his front room through binoculars while Doz was being arrested.
Becker testified he saw Doz come out of his car inside his garage while three police officers were present. Doz started to move toward a doorway when a police sergeant struck him in the face and knocked him unconscious. Doz was then carried out onto his driveway.
Doz never struck anyone at any time during the incident, Becker said. In his testimony, Doz said he was dragged from his car and knocked unconscious by “someone” but didn’t know who. He also said he initially didn’t want to leave his car after hearing one of them say: “If I get my hands on that (person) I’ll break his ... neck.”
The incident occurred Feb. 27, 1974 in the garage of Doz’s Laurier Place home. The three officers testified he had been followed there by a patrol car and refused to get out of his car. Finally, a window in his car was smashed so the vehicle could be unlocked and Doz removed.
The policemen said Doz seemed to treat the incident as a joke, and at one point tried to cosy up to them and persuade them to forget the incident. Sgt. Frank Willett, who had since become a detective, said Doz grabbed his nose and twisted it. Prior to that he said Doz had slapped him and another officer.
The incident began earlier, when Doz and a business associate were stopped by a police constable for a motor vehicle check. The other man was driving Doz’s car because he was thinking of buying one like it.
The other man was in the patrol car being checked as a possible impaired driver when Doz climbed into the driver’s seat of his car and drove off. He was then followed to his home.