Ottawa man accusing off-duty Windsor police officer of bar attack questioned over inconsistent testimony

The Ottawa man accusing an off-duty Windsor police officer of attacking him in a bar bathroom faced numerous questions Tuesday about inconsistencies in his testimony.

Sgt. Deler Bal has pleaded not guilty to two charges of assault and one count of aggravated assault against Donald Conner on the night of Sept. 23, 2023. Bal was at the Prohibition Public House, a gastropub in downtown Ottawa, the day before he was photographed in the area for an event to honour officers who died in the line of duty.

The trial in the Ontario Court of Justice in Ottawa opened Monday, when Conner testified he received a "flurry" of punches from Bal in an unprovoked attack in the bar's bathroom for males.

During cross-examination the next day by Bal's lawyer, Conner was asked several times why his testimony Tuesday differed from what he said on Monday and during a recorded police interview the day after the altercation.

Conner testified that when Bal first entered the bar bathroom and attempted to enter the stall he was occupying, he would have liked to have heard Bal apologize.

However, during a recorded statement with Ottawa police the day after the altercation, the court heard a recording in which Conner said Bal did apologize after pushing on the unlocked stall door.

After exiting the stall, Conner testified multiple times on Monday that he heard Bal say "someone is trying to f--k with my call" while on the phone at the urinal.

On Sept. 24, 2023, Conner told Ottawa police he heard Bal say to the person on the phone that Conner was drying his hands too long and that he'd call him back.

Conner suggested both statements had the same meaning, but were worded differently.

"The wording is radically different," defence lawyer Mark Ertel said.

Over-the-head sweater raised in cross-examination

After the altercation started, Conner testified Monday, he grabbed Bal's elbows as a way to stop the punches, and that resulted in the sweater being unintentionally pulled over the officer's head.

During Tuesday's testimony, Conner said he grabbed Bal by his shoulders and deliberately pulled the officer's sweater over his head "in order to protect myself."

Conner testified it was a manoeuvre similar to one he'd seen while watching NHL games — when  players who are fighting pull a jersey over another player's head to gain control.

The 45-year-old commercial insurance broker also said Monday that Bal's sweater was easy to remove and was either zippered or buttoned in the front.

However, Bal's sweater that evening was entered as a court exhibit and appeared to be a traditional hoodie that would need to be pulled over someone's head.

When Bal's defence lawyer asked about these inconsistencies, Conner said he was "recalling it as best as I can recall."

"I'm recalling the facts the best I can," he said at another point on Tuesday.

"Your recollection is changing," said Ertel.

Ertel also suggested that Conner grabbed Bal's neck during the altercation, and highlighted a T-shirt Bal was wearing that appeared to be ripped.

"I never held him by the neck," Conner testified. "I did not touch him around the neck."

In fact, Conner said, he never punched Bal, fought back or said anything verbally that would have provoked an attack.

Ertel suggested Conner took an aggressive stance toward Bal after leaving the stall, picked him up by the front of his shirt, slammed him against the wall and held Bal by his neck as Conner was trying to open the door.

"That's incorrect," said Ertel.

He also suggested Bal only punched Conner two or three times, but Conner insists it was "much more."

Officer remains employed by Windsor police

Conner did not mention, to Ottawa police or during the Crown's questioning in court, the pulling of Bal's sweater over his head or that Bal fell to the ground. It first came up during cross-examination from Bal's lawyer.

Ertel asked Conner why he's leaving parts of his story out.

"The reason is because until you're confronted with these things, you're painting a picture that's not accurate," the lawyer said.

"I answered the questions to the best of my ability," Conner repeatedly said during his testimony.

The judge-alone trial continues Wednesday, when the defence is expected to bring forward new evidence.

The Windsor Police Service confirmed Bal remains an employee and its internal investigation is paused until the outcome of this trial.