Defence seeks to hear from chief
Request raises fresh constitutional issues, police prosecutor says
A racially charged incident in which a $400 jacket fell a few feet onto the ground at a drunken bush party may make legal history.
Lawyer Courtney Betty told a York Region police disciplinary hearing Friday he needs to hear from Chief Eric Jolliffe to understand why his client, Const. Dameian Muirhead, was charged with misconduct over his handling of the jacket incident.
Police prosecutor Jason Fraser said he may need legal help to handle Betty’s request, as it raises fresh constitutional issues about the powers of a police chief to rule on disciplinary matters.
“I’m going to require some assistance . . . with this legal work,” Fraser told the hearing.
About two dozen supporters of Muirhead attended the hearing, which was held in a hotel conference room large enough to handle the public interest. While the legal issues regarding the chief’s decision are unclear, the jacket was apparently unharmed in its fall to the ground. It’s the latest bizarre twist in the case that began after Muirhead was dispatched to a bush party on May 21, 2011, to investigate a domestic assault. The hearing has heard that Muirhead, who is black, was bombarded with racial slurs, including a comment from a drunken partygoer that the officer would look good hanging from a tree. The hearing was told that partygoers refused to identify themselves to police, and that Muirhead moved the jacket on the seat of the motorcycle so he could record the vehicle’s licence plate.
Seconds later, the jacket fell to the ground.
Owner Rheal Duguay shouted at him that he should pick it up. Muirhead remained impassive and didn’t pick up the jacket.
The two met three days later at a gas station, when Duguay threatened Muirhead and was arrested.
Duguay then filed a complaint with police.
The case continues.