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A metropolis choose has discovered him responsible of three counts of assault as a former Calgary Remand Middle guard feared for his life when he kicked three restrained inmates.
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In a written ruling posted on-line Thursday, provincial courtroom choose Allan Fradsham mentioned Heera Singh Chahal was not a reputable witness to clarify why he used violence on the inmates after a bunch assault on one other inmate .
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“I do not settle for a lot of his proof associated to the yard incident,” Fradsham mentioned, referring to certainly one of two separate allegations on Feb. 21, 2019, that Chahal assaulted inmates on the northwest Calgary jail.
“His testimony was at occasions internally inconsistent, unreasonable, inconsistent with proof discovered credible and dependable, and offended frequent sense,” the choose wrote.
Fradsham famous {that a} video confirmed a bunch of inmates attacking one other inmate within the jail yard earlier than Chahal got here outdoors to interrupt up the assault.
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However Chahal testified that after all of the inmates bought on the bottom, they began threatening him, the choose famous.
“The threats he recalled had been alongside the traces of ‘f—you … get the guard … let’s f—— stab him,'” Fradsham wrote.
“He mentioned he was ‘in worry of his life that (Northpeigan and/or McNabb) was going to stand up and stab him’ and that he believed he was in a ‘severe bodily hurt’ scenario,” the choose mentioned.
“He mentioned he felt he was going to die that day.”
However Fradsham mentioned the video proof contradicted Chahal’s declare, noting that more often than not the officer did not even take a look at the inmates.
The choose did acquit Chahal of assaulting one other inmate in his cell later that night, discovering that neither the guard nor the alleged sufferer had been credible witnesses.
A sentencing listening to is scheduled for Friday.
KMartin@postmedia.com
On Twitter: @KMartinCourts
