Officer pleads not guilty

AMHERSTBURG An Amherstburg police office accused of roughing up a detainee pleaded not guilty Tuesday to four charges under the Police Services Act.

Const. Andrew Challans was arraigned on two counts of unlawful or unnecessary exercise of authority, discreditable conduct and discreditable conduct in using profane or abusive or insulting language or was otherwise uncivil to a member of the public.

The exercise of authority counts are for unlawful or unnecessary arrest and force.

Challans was charged after a December 2010 incident where he allegedly roughed up Justin Brodie Timms-Fryer. Timms-Fryer, 20 at the time of the incident, was left with cuts, bruises and gravel embedded in his face.

Timms-Fryer filed a complaint to the province’s Office of the Independent Police Review Director. The watchdog agency conducted an investigation and then turned the file over to Amherstburg police Chief Tim Berthiaume, who had Challans charged.

Challans has not been suspended, nor has he been charged criminally.

Timms-Fryer was charged with assault and resisting arrest in relation to the incident. He was acquitted in July.

On Tuesday, defence lawyer Andrew Bradie asked for disclosure from the Crown on an alleged incident that occurred Oct. 7, 2012, involving TimmsFryer and Windsor police.

Prosecutor David Cowling argued that Bradie was not entitled to the documents, saying they were “irrelevant to the proceedings.”

Hearing officer Terence Kelly agreed, saying he could “not see a link” in relation to the October 2012 incident.

He said the documents were not admissible relating to the December 2010 incident and he would not order the Crown to provide them to the defence.