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“The best or the best behavior is not required by the police in their investigations.”
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Saying the plaintiff appeared to be “disputing the police’s allegations,” a judge has ruled that Edmonton police did nothing wrong when they arrested a man at the Old Bar Strathcona two more than 16 years ago.
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Jason Paul’s high-profile trial against the Edmonton Police Department ended in disappointment for the local prosecutor, when Larry Ackerl was ruled by the Court of Common Pleas on October 20 that he believed to what the police said about what happened to Paul.
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“When he showed up, Paul often focused on promoting his personal image rather than directly answering questions from counsel,” Ackerl said in in the decision. “In the judgment… Paul seems to be selling himself by selling and he decided to give instead of giving himself to tell the truth . His testimony was very different because of his deep feeling that he was affected by the police’s misconduct.”
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Paul called the decision “blasphemous”.
Paul filed a $1.4 million lawsuit against the police department and several officers in 2008, saying they “participated” when Paul was assaulted by a security guard at the now-defunct Iron Horse restaurant. Another $20,000 lawsuit alleges Paul was wrongfully arrested at Monkey Island, a Whyte Avenue bar he owns. The trial began in April 2021 and lasted 18 days, spread over nine months.
According to the lawsuit, Paul had chipped teeth, bloodshot eyes and minor bruises when Paul was arrested on June 24, 2006 in Iron Horse. A doorman was later found guilty of killing Paul, then 26, and fined $1,000. Paul said other Iron Horse employees were involved in the attack, including Const. Wilson Kuan. Paul said Quan was friends with the doorman, and the officer held him down while others stepped on him before the officer hit him in the face with his stick.
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Paul was later charged with threatening a doorman, assaulting another security guard, and beating Quan to resist arrest. Charges were dropped after Paul pleaded guilty to harassment and was sentenced to probation and six months of probation.
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Paul was arrested again on December 22, 2007, in Monkey Island when police responded to a report of someone being hit with a bottle. When the officers arrived, according to their testimony, they saw Paul taking the injured person from the house and arranged for him to be sent to the hospital, despite the fact that the ambulance was on its way.
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Const. Richard Begin said that Paul repeatedly refused to identify himself and was arrested for obstructing a police officer. Paul said the police “humiliated” him by leading him through a bar with handcuffs. He was released from the police station about an hour later.
Ackerl agreed that Paul’s injuries in both cases were minor, and if he finds the police liable, the fine could be as much as $5,000.
However, Ackerl said both actions were justified under Section 25 of the Criminal Code, which covers police actions. He said the case came down to the credibility of each witness, and the video of the Iron Horse incident was not helpful in determining what happened.
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In the Iron Horse case, Ackerl concluded that Quan was doing the right thing, saying that Paul was “increasingly angry, naive, and ignorant.”
“In about five minutes Const. Quan faced a dangerous and unexpected situation,” Ackerl wrote. “Paul had many signs of weakness. His next job was to clash with Iron Horse employees and the police. The police overheard him making death threats to (the doorman).”
Ackerl said Quan made a mistake in striking Paul in the face with his stick, but found the location of the strike to be “accidental” and “largely … an error of judgment.”
As for Quan’s involvement in Paul’s assault at the hands of the doorman, Ackerl noted that the officer was talking to an official and “didn’t really know” what happened. And while there were “mistakes and errors” in Quan’s reports of the arrest, Ackerl found no fatal errors. “The best or the best behavior is not required by the police in their investigations.”
Ackerl also found no major problems with the police’s handling of the Island incident, saying they “did the right thing in arresting Paul and briefly holding him in custody.” police.”
Ackerl also had doubts about the harm Paul said he had suffered. He said Paul did not have a broken nose during the alleged Iron Horse, and none of the soft tissue injuries are related to Quan. And when a psychologist testified that Paul suffered PTSD from the seizures, Ackerl found him to be a “credentialed witness” and not an impartial witness.
Ackerl and the defendants agreed that the arrests did not have a negative impact on Paul’s pub crawl company, saying that it did not produce any results and that it was closed.
A hearing to determine legal costs has not yet been scheduled.
jwakefield@postmedia.com
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