Former officer sentenced for on-duty assault

REGINA — A former Regina city police officer has received a conditional discharge for assaulting an intoxicated man while on duty.

Robert Kenneth Power, 41, was found guilty last month of assault causing bodily harm for a May 2012 confrontation with a 44-year-old man.

On Friday, Judge Doug Kovatch said it was not easy coming to a decision in the matter.

Power has been discharged with conditions that include one year of probation and a $1,000 donation to the Regina Detox Unit or another appropriate charity. He has until November to make the donation.

Half the courtroom was filled with Power’s supporters, and as Kovatch gave his decision the room was completely silent.

Kovatch said his decision was more difficult because lawyers for the Crown and defence both made “very clear and thorough” sentencing submissions on Wednesday.

Crown prosecutor Bill Burge asked for a suspended sentence, while defence lawyer Aaron Fox said his client was hoping for a discharge.

Burge argued the force Power used, combined with the position of trust he held as a police officer, made a discharge inappropriate and “contrary to the public interest.”

At trial, Power testified that he acted in selfdefence by pushing the man, who was challenging him to a fight and who had approached him with raised fists.

However, Kovatch found otherwise, basing his decision on a video from the detox facility where the incident occurred. The judge said the video revealed the man had approached the police officer, but with his hands at his sides, and that Power responded by kicking him in the abdomen or chest area.

The man was knocked backwards and hit his head, resulting in Power calling for an ambulance. The man was discharged from hospital that day.

Kovatch found that Power’s actions constituted recklessness and excessive force.

He said he recognized the defence’s argument that there was no premeditation and no gratuitous force involved, and he believed Power’s apology was genuine.

Power and his supporters did not react to the sentence and did not speak to reporters.

If he successfully completes the terms of the probation order attached to the discharge, he will be left without a criminal record.

A member of the Regina Police Service since 2007, Power was fired after the incident. He has appealed that decision, and a hearing is set for March.