After assault charges against an OPP officer were dismissed Friday, the chief of Aroland First Nation says the law has failed his people.
Greenstone area OPP Const. Brian Bellefeuille was charged with assault causing bodily harm after a Feb. 11, 2012 incident where 43-year-old Gary Megan was injured in a jail cell.
Megan testified in April that he suffered multiple fractures and a cracked cheekbone after he was arrested for public intoxication.
It was alleged that Bellefeuille pushed Megan to the ground in his cell while handcuffed and that’s when Megan sustained the injuries to his face. He also received a laceration above his left eye.
The Crown had argued that the arrest was unlawful, that police targeted Megan after he had given another OPP officer the finger a few hours earlier.
Bellefeuille’s lawyer said the police were worried Megan would try to walk home, possibly from Geraldton to Aroland and it was a cold night.
Justice F.A. Sargent ruled the arrest lawful and said it was “totally prudent to take (Megan) into custody” and the evidence presented to suggest the arrest was unlawful was “weak in the extreme.”
“It would be dangerous to accept,” the judge said.
There also was a real danger of Megan freezing to death, the judge added.
Sargent said based on the testimony of the doctor that treated Megan’s injuries, he had “grave doubts about the origins of the fractures.”
The court found that the takedown in the cell can be seen as overly aggressive. However, the judge said it was not designed to injure, but to subdue Megan and that Bellefeuille acted reasonably.
Gagnon said his community members are devastated by the verdict.
“All I need to say right now is when they say a picture speaks 1,000 words, it doesn’t,” he said outside the provincial courthouse Friday morning.
“Our people saw the tape of the takedown. To us, it’s a little too aggressive,” the chief said.
The courtroom was packed with Aroland members Friday morning to hear the verdict.
Gagnon said so many people came out to show the community is united.
“When one gets hurt, we all support each other,” he said.
Gagnon said he’s spoken to the Crown about a possible appeal and Megan is considering civil action. The community will meet next week and decide what they will do next.
Bellefeuille’s lawyer Andrew McKay said they are satisfied and happy with the verdict.
“It's what we expected. Const. Bellefeuille is anxious to get back to work. It was evident he had no intention of hurting Mr. Megan,” he said.
