CNEWS Canada September 19, 2001 Judge tells jury Saskatoon police can't plead mistake in dumping man
SASKATOON (CP) -- It may not be enough for two police officers to say they simply made a mistake when they left a man on the outskirts of the city on a freezing night, a judge suggested Wednesday. "The accused each claim they simply made an error in judgment . . . an error in judgment is not a legal defence," Judge Eugene Scheibel told the jury deciding the fates of constables Dan Hatchen and Ken Munson. Scheibel also told the seven men and five women on the all-white jury that circumstances determine whether an act is legal or not. "Even though a confinement may be lawful at one point in time, it may be unlawful at another point in time," he said in his charge to the jury. Both veteran Saskatoon police constables are charged with assault and unlawful confinement. The jury began deliberating Wednesday afternoon. The officers are accused of apprehending Darrell Night, an aboriginal, without cause and later forcing him out of their cruiser near a power station on the early morning of Jan. 28, 2000, when temperatures dipped to --22 C. The case has strained relations between the police and aboriginal community. A court appearance by the two officers last year garnered national attention when angry spectators got in a shouting match about racism outside the courthouse. Scheibel said the jury will have to look at the evidence to decide "if the complainant agreed to be dropped off near the power plant. "You must use your good judgment and common sense." The jury came back after about five hours to ask the judge to repeat part of his charge dealing with unlawful confinement. In his closing address, defence lawyer Bill Roe said the officers made a mistake, but the act itself wasn't criminal. "Two police officers in a moment of weakness made an error in judgment," said Roe, Hatchen's lawyer. Crown prosecutor Bill Burge agreed Night was rude and belligerent and the officers had the right to arrest him. But when the officers decided to drive him out of town instead of to the police station, Burge said their actions became illegal. "They deviated from what the Criminal Code tells them what to do and did what they wanted to do," he said. "At that point the confinement of Darrell Night became unlawful because they were not taking him to the police station." Night told the court he came forward after he heard another man was found frozen to death near where he was dropped off. Both officers admitted dropping Night at the outskirts of the city, but both deny the accusations of assault and unlawful confinement. Hatchen and Munson say they arrested Night for causing a disturbance after he hit their police cruiser and swore at them. Hatchen testified Night said the officers were "racist bastards" who were picking on him because he is Indian. Night said he was thrown into the cruiser after he was arrested and banged his head on the door frame when he was pulled out near a power station at the edge of the city. Night also said the officers swore and called him an Indian. The officers denied the claim. The case almost didn't make it to the jury. Last week, after the Crown finished presenting its case, the impartiality of one of the jurors was questioned, raising the possibility of a mistrial. But Scheibel said there was no problem and the case continued. The jury was chosen from a pool of about 125 people. Potential jurors were asked five questions regarding what they had heard about the case and what influence race might have upon them. -- ***************************** Join the peoples' movement: The Australian Reconciliation Party http://www.green.net.au/arp/ ***************************** --------------------------------------------------------------------- To unsubscribe, e-mail: [EMAIL PROTECTED] --------------------------------------------------------------------- RecOzNet2 has a page @ http://www.green.net.au/recoznet2 and is archived at http://www.mail-archive.com/recoznet2%40paradigm4.com.au/ until 11 March, 2001 and Recoznettwo is archived at http://www.mail-archive.com/recoznettwo%40green.net.au/ from that date. This posting is provided to the individual members of this group without permission from the copyright owner for purposes of criticism, comment, scholarship and research under the "fair use" provisions of the Federal copyright laws and it may not be distributed further without permission of the copyright owner, except for "fair use."
