MONTSION DEFENCE CHALLENGE
Video, post-mortem report attacked
The infamous CCTV video of the fatal arrest of Abdirahman Abdi could be aired in court as early as Wednesday following a bombshell day in the manslaughter trial of Const. Daniel Montsion, as the Ottawa police officer’s defence team alleged SIU investigators used a second, “doctored” version of critical video evidence.
Defence lawyers Michael Edelson and Solomon Friedman said the existence of that video was only disclosed to them on the eve of trial Sunday.
Friedman asked Ontario Court Justice Robert Kelly to adjourn proceedings until Feb. 25 over objections concerning a “sloweddown” version of the CCTV video footage taken from the scene of Abdi’s arrest on July 24, 2016, at 55 Hilda Street.
The video, which has not been seen publicly, has been acknowledged as a “centrepiece” of the trial by the defence, by the Crown and by the judge.
Montsion has pleaded not guilty to charges of manslaughter, aggravated assault and assault with a weapon.
The original footage, a 28-minute clip showing Abdi being taken forcefully to the ground by Montsion and Const. Dave Weir, is expected to be shown in a side-byside comparison with the second version, a two-minute excerpt that was “enhanced” by the SIU to appear in slow motion.
While the Crown said it had no intention of tendering the contested version of the video as evidence at trial, Montsion’s defence team alleged it was this “enhanced” version that was shown to a leading forensic pathologist, who then changed his conclusion that Abdi’s death was an “accident,” to ruling it a homicide.
Dr. Christopher Milroy’s final post-mortem report was filed six days after he viewed the contested video during a meeting at SIU headquarters in Toronto on Nov. 15, 2016.
“Dr. Milroy finds Mr. Abdi’s nose was broken when he was taken to the ground by Const. Weir (in his first conclusion),” Friedman said. “However, in his final report (Milroy) tells a somewhat different story … On the basis of this (altered) version he concludes the fracture to Mr. Abdi’s nose was probably not caused by him being taken down by (Weir), but by (Montsion’s) fist.”
The defence learned of the existence of the “enhanced” video after the Crown forwarded an email Sunday afternoon, the day before the trial was to begin. The email was from SIU investigator David Robinson, who was set to resume testimony as the Crown’s first witness Tuesday when proceedings came to a screeching halt.
Robinson’s email revealed the second video had actually been created on Aug. 4, 2016. Edelson argued that authorities denied the video’s existence in numerous defence disclosure requests.
‘DESTROYED EVIDENCE’
Edelson also questioned why the SIU apparently took no notes of the November 2016 meeting during which Milroy was “summoned” and shown the video clip.
Edelson said he is contemplating a “lost or destroyed evidence” application, and an application seeking to preclude the Crown from relying upon Milroy’s final report, as evidence, or any other opinion based on that second “enhanced” video.
Edelson said he may also pursue a complaint alleging “abuse of process” by the SIU in “misleading the Crown, Dr. Milroy, the defence and ultimately this court.
“The video was materially altered to change the perception of events between Mr. Abdi and constables Weir and Montsion,” Edelson said.
Montsion’s defence team is asking for a two-week adjournment to have the second video analyzed by its own expert. The “altered” video is lacking a time stamp, which is present in the original footage, and Friedman said the excerpt appears to be “artificially slowed down, particularly when Weir appears to take Mr. Abdi to the ground.”
The video “downplays the force used by Weir,” Friedman said.
Weir was the first officer to respond to complaints of a suspected sexual assault inside a Wellington St. Bridgehead, and was involved in a foot chase with Abdi as the 37-year-old Somali-Canadian man apparently ran from the lockeddown coffee shop to his home on Hilda Street, less than 300 metres away.
Weir was named a subject officer of the SIU investigation, but was not charged by the agency.
Montsion arrived on scene as his fellow officer was trying to get Abdi to comply with his orders, and according to the Crown, exited his vehicle and “without any hesitation approached the scene and immediately struck Mr. Abdi in the face with closed fists, using reinforced assault gloves.”
Prosecutors said the CCTV video shows Montsion continuing to punch Abdi’s flailing legs, then delivering two blows to the back of Abdi’s head. Abdi stopped moving after that, and when paramedics could not revive him at the scene, he was brought to hospital, where he later died.
The Crown in its opening arguments said Abdi died of cardiac arrest due to a “confluence of factors, including the punches from (Montsion), the physical and emotional stress caused by the events at the Bridgehead, the initial confrontation and the chase with officer Weir.”
The video was materially altered to change the perception of events between Mr. Abdi and constables Weir and Montsion.