Alleged assault victim tried to hit police officer first: defence lawyer

The lawyer for a Halifax Regional Police constable accused of assaulting a man at a homeless shelter suggested the victim tried to strike the officer first.

Gary Basso, 38, is on trial for assault causing bodily harm, breach of trust and public mischief. He's accused of punching Patrice Simard on Feb. 25 outside Metro Turning Point and then writing false or misleading notes about the incident. 

Simard had been asked to leave the shelter as he'd been seen drinking alcohol. Court heard he was heavily intoxicated at the time.

Sgt. Gord Vail, the lead investigator for the Serious Incident Response Team, continued his testimony Tuesday under cross-examination.

Surveillance video shows altercation

Defence lawyer James Giacomantonio went through the shelter's surveillance video which recorded the strike on Simard. It shows Simard kneeling from behind with Basso facing the camera. Simard appears motionless after he is seen being struck by Basso's right hand. 

Giacomantonio played the video frame by frame, and showed the court screengrabs that Basso made from the video. They show Basso's arm on Simard's clenched hand. 

Vail disagreed with Giacomantonio's suggestion that Simard punched Basso first, and said Simard was actually trying to grab his knapsack back from Basso which was being swung in front of him. 

A charge against Simard of assaulting a police officer was withdrawn in late March. Simard, who was 54 at the time of the incident, has multiple previous convictions, court heard.

Accused gave 'inconsistencies, falsehoods'

Giacomantonio repeatedly attacked the integrity of Vail's investigation by suggesting his probe wasn't thorough or fair — an accusation Vail rebuked and called "insulting."

Vail insisted he gave Basso an opportunity to tell "the complete story" but was left with "inconsistencies and falsehoods." A polygraph test, which Basso offered, was not requested because "there was no need to debate what was on the tape," said Vail.

Man has no memory of being struck

According to an agreed statement of facts, a CT scan on March 2 showed Simard suffered a broken nose but no brain injury.

Court also heard an undated message from a booking officer left in Basso's mailbox said that Simard was "really apologizing for his behaviour and wanted me to tell you."

Vail refused to call it an apology note and didn't pursue the matter.

According to evidence in the trial, Simard has no memory of being struck.

Paramedic called to testify

The Crown also called Michelle Brown, a paramedic who tended to Simard at the police booking station. 

At the time, Brown said she rated Simard a seven out of 10 on a scale of dangerous drunkenness.

She asked Basso about whether Simard fell after the punch. Basso responded that he held Simard and kept him from falling, she said.  

The trial is scheduled to resume Monday. Simard is expected to be the Crown's last main witness.

It is unclear whether the defence will call Basso or any witnesses to testify.