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The assault of three restrained inmates after a backyard battle on the Calgary Remand Heart ought to earn a fired guard a jail sentence of 9 to 12 months, a prosecutor mentioned Friday.
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However Heera Singh Chahal’s lawyer mentioned there was no precedent for such a sentence.
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Protection barrister Jim Lutz supplied Provincial Courtroom Choose Allan Fradsham with a collection of circumstances during which peace officers, principally law enforcement officials, obtained wherever from dismissal to suspended sentences for committing assaults.
“There are not any circumstances in Canada that assist my good friend’s place,” Lutz mentioned.
“There is no such thing as a case that helps 9 months, not even six months. Even when imprisonment have been acceptable on this case – which I submit it isn’t – then a suspended sentence is acceptable.”
He additionally famous that Chahal (32) didn’t instigate the incident that led to inmates being ordered to lie down in inclined positions within the jail’s backyard.
“Your complete incident occurred as a result of Mr. (William) McNabb and three different people attacked (one other inmate),” Lutz mentioned.
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“Cops and peace officers . . . are sworn to serve and defend members of the group,” O’Connor mentioned.
“The group is the prisoners within the middle who, whereas incarcerated by order of the courtroom, haven’t any significant freedom.”
She mentioned that in contrast to most officer-involved circumstances — whether or not police or corrections — the place assaults are dedicated on impulse, Chahal made a deliberate choice to kick all three victims whereas they have been subdued on the bottom.
“Jail sentences are extra typical when the officer takes a leap into crime, as on this case,” O’Connor mentioned.
Fradsham discovered Chahal responsible of two counts of assault and one rely of assault occasioning bodily hurt in reference to an incident on February 21, 2019 on the northwest Calgary jail.
The decide dismissed Chahal’s claims that he feared for his life whereas within the backyard after the battle was damaged up, noting that video of the incident contradicted his declare as he was more often than not not did not even take a look at the prisoners.
A date for his sentencing shall be set on Tuesday.
KMartin@postmedia.com
Twitter: @KMartinCourts
