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Cops not guilty, but case may have future impact

Two Six Nations police officers were recently found not guilty of unlawful entry, forcible confinement, assault, and assault with a weapon in a case that may represent the first time Canadian officers faced such charges stemming from their actions at a crime scene, Toronto criminal lawyer Joseph Neuberger says in Lawyers Weekly.  Read Lawyers Weekly

In R. v. Bomberry and White, Six Nations Police Force Sgt. Tim Bomberry and Const. Marwood White were accused of forcible entry of a home without a warrant while investigating the vicious assault of a male resident of the reserve in 2010, the article says.  See Prior Story

Accompanied by two OPP officers, Bomberry and White believed they had exigent circumstances to do so, and in the course of securing the crime scene, White tasered a man, Landon Curley, who was arrested and later released without charges, Lawyers Weekly reports.

Curley complained to the OPP and an investigation resulted in charges being laid against Bomberry and White, the report says, noting after a three-and-a-half week trial, a jury exonerated them of all charges.

“This prosecution applied a flawed analysis of my client’s actions, based on a Charter standard and not a standard required to lay charges based on an actual criminal act, and the intent to commit a crime,” Neuberger, who represented White, says in the article.

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