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News (Media Awareness Project) - CN MB: Judge Restricts Number Of Spectators At Manitoba Police-Brutality Hearing
Title:CN MB: Judge Restricts Number Of Spectators At Manitoba Police-Brutality Hearing
Published On:2005-12-07
Source:Globe and Mail (Canada)
Fetched On:2008-01-14 21:42:39
JUDGE RESTRICTS NUMBER OF SPECTATORS AT MANITOBA POLICE-BRUTALITY HEARING

WINNIPEG -- A Manitoba judge has restricted the number of people who
can watch a hearing into alleged police brutality after victims
complained that officers were jamming the court to intimidate them.

Up to 50 off-duty officers packed a courtroom that usually seats
24.

"I feel all the officers here are intimidating me," Marc Fillion told
Judge Murray Howell yesterday after he asked for the hearing to be
closed to spectators.

Judge Howell stopped short of the request but ordered that all
additional seating be removed and that spectators not be allowed to
sit in the jury box.

Police officers "will not be sitting six feet from your left and they
will not be sitting two feet behind you so that we can conduct the
hearing in a proper courtroom atmosphere," Judge Howell said.

"We will still be able to get a substantial amount of people in here,
but I think we will be able to have a more focused hearing in the
interests of justice."

Lorne Schinkel, president of the Winnipeg Police Association,
dismissed accusations of intimidation. He said courts are open to the
public, including police officers.

"This is a public process," Mr. Schinkel said. "Members are here on
their own time."

Mr. Fillion, Larry Stringer and Alex Chung have filed a complaint with
the Law Enforcement Review Agency.

Mr. Fillion, 39, testified the officers were let into his home after
banging several times on the back door. Once inside, one officer
struck Mr. Fillion in the face with the butt of his gun, knocked him
to the floor and handcuffed him, Mr. Fillion said.

Mr. Fillion said the officer asked him the location of a girl, the
Hells Angels and drugs. Each time Mr. Fillion said he didn't know, the
officer hit him in the head with a flashlight, Mr. Fillion told court.

He said an officer threw a Hells Angels T-shirt found in the home on
Mr. Fillion's face, jumped on his stomach and stepped on his neck.

Mr. Fillion and Mr. Stringer were ultimately released without being
charged. Mr. Chung was taken into custody and charged with breach of
probation.

A publication ban prohibits naming the eight officers accused in the
hearing. All eight, as well as Chief Jack Ewatski, were named in a
civil lawsuit regarding the incident filed by Mr. Stringer last year.

In a statement of defence, the police service denied the
allegations.

During cross-examination, Mr. Fillion admitted there was a marijuana
grow operation in the basement of the home.

He testified that he had been smoking marijuana before police had
arrived and that the men delayed answering the door because they were
looking for an air freshener to cover the smell of the smoke.
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