The Crown has denied private prosecution to the family of Pacey Dumas — a man who was kicked in the head by an Edmonton police officer, resulting in life-altering injuries.
Due to the sensitive and/or legal subject matter of some of the content on globalnews.ca, we reserve the ability to disable comments from time to time.Edmonton Police Servicebegan the process of launching a private prosecutionFamily of Pacey Dumas seeks private prosecution following Edmonton police kick to head
But this weekend, Steinke-Attia announced the chief Crown prosecutor filed a letter at court on Sept. 29 staying the private prosecution proceedings. “While the circumstances outlined by Mr. Dumas and his counsel in this matter are disturbing, the role of the ACPS is to provide an objective assessment of the triable evidence and provable facts in determining whether there is a reasonable likelihood of conviction,” the Crown said in a statement to Global News on Tuesday.RCMP found secret documents, email chains in raid of Ortis’ apartment: CrownSikh leaders from North America meet in Surrey, B.C.
To proceed with a charge, the prosecution must be satisfied a case meets two fundamental tests: is there a reasonable likelihood of conviction and is there a public interest.In addition to that, when police officers are involved, they must look at Section 25 of the Criminal Code, which authorizes police to use as much force as is necessary in an arrest so long as it is not excessive.
According to the ASIRT report, officers claimed Dumas told them he was the person with a knife and Dumas reached into his pockets or waistband. The officer then told Dumas to take his hands out or he would kick him.
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