Windsor police sergeant found not guilty of assault after bar bathroom fight in Ottawa

Windsor police Sgt. Deler Bal has been found not guilty of assault Thursday following a bar bathroom fight in Ottawa.

Justice Juliana Martel believed that Bal, who was off-duty at the time, acted in self-defence during an altercation with Donald Conner inside a bathroom of the Prohibition House on Sept. 23, 2023.

In her decision, Martel noted some "significant contradictions" in Conner's evidence.

"The different explanations do affect the overall reliability of Mr. Conner," Martel said in court.

On that evening, Conner was using a stall at the pub with a lock that didn't latch.

The court heard Bal attempted to open the door while Conner was inside.

Bal said he apologized and went to use the urinal instead. He was on the phone at the time.

Conner testified during the trial that Bal said "I gotta go. Somebody's trying to f--k with my call."

'Significant contradiction'

But the court heard that was never mentioned when Conner spoke with police a day after the incident happened.

That's a "significant contradiction," said Martel.

After Conner left the stall, the two men began exchanging words about the door not locking properly.

Bal testified that he apologized again, but Conner was insistent he check that the lock was broken.

Then, Bal said in court he ordered Conner to leave, but instead Conner stepped even closer and got "in my face."

That's when Bal pushed Conner away using two hands, with the exit door behind Conner in a small restroom.

"I accept his evidence," said Martel, referring to Bal's push so he could get out of the situation.

Conner grabbed Bal, who then punched him in the face twice with the hope of breaking his grip, the officer testified.

At some point during the altercation, Bal's hoodie ended up over his head.

Early in the trial, Conner said Bal's hoodie was never over his face because it had buttons or a zipper. It was a traditional hoodie without any buttons or zippers, as seen when the item was entered into evidence.

During later 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.

In Martel's decision, she noted this as a "direct contradiction."

"Though Mr. Conner certainly appears to believe his version of events, it was contradicted by either previous statements to the police or by his own evidence at various points during his testimony."

"I do not fault Mr. Conner for attempting to make sense of what happened and do accept it was a traumatic incident for him," she added.

In hospital, Conner said he was told he had two fractures, including one in his sinuses.

The court also saw images showing injuries to Bal's neck and back.

Actions were 'reasonable given the circumstances'

As for Bal's testimony during the trial, Martel said the officer answered "rationally" and "did not try to embellish his evidence in any way ..."

"I found Mr. Bal to be a credible witness and a reliable one as well," said Martel.

Ultimately, the judge said Bal's actions were "reasonable given the circumstances."

"Let me be clear that I do not condone violence … I am unable to conclude that Mr. Bal's actions constituted a criminal act," said Martel.