Pubdate: Fri, 27 Jul 2012
Source: Daily Courier, The (CN BC)
Copyright: 2012 The Okanagan Valley Group of Newspapers
Contact: http://drugsense.org/url/5NyOACet
Website: http://www.kelownadailycourier.ca
Details: http://www.mapinc.org/media/531

KELOWNA MOUNTIE GEOFF MANTLER BEATS ASSAULT CHARGE

Const. Geoff Mantler probably injured a drug user while arresting him 
downtown, but the evidence was too thin to convict him of assault, a 
judge has ruled.

The Kelowna officer filmed kicking Buddy Tavares in the head was 
acquitted Thursday of a second charge of assault causing bodily harm. 
Judge Mark Takahashi found Manjeet Bhatti's evidence was unreliable 
and Mantler's partner did a poor job of keeping notes.

"I'm in the awkward position where I am quite certain that Const. 
Mantler caused the injuries. On the evidence admitted at trial, the 
injuries likely occurred when Const. Mantler was alone with Mr. 
Bhatti. But they may have also occurred when Const. Goodwin pushed 
Mr. Bhatti against the police car," the judge said.

Bhatti testified he had smoked cracked cocaine and was looking for 
more after midnight Aug. 30, 2010. He thought a man he was buying 
from was about to rob him and he rode away on his bicycle as a police 
car pulled into the downtown alley.

Mantler yelled at him to stop but Bhatti ignored the command and kept 
riding to Harvey Avenue. He stopped when he realized police were 
chasing him, he said, and co-operated when Const. Rick Goodwin walked 
him to the police car.

As Goodwin went to retrieve Bhatti's bike, Bhatti heard footsteps 
approaching and he was struck in the eye. His glasses went flying and 
his nose bled, he testified.

When Bhatti later asked Mantler why he hit him, Mantler said "You're 
a stupid crackhead Hindu" and called him a goof, Bhatti said. His eye 
swelled up and took four weeks to heal.

His evidence was vague and unsure at times, the judge said. If he 
felt endangered in the alley, he should have stayed with the police 
car to protect himself from an attack.

Goodwin said Bhatti at first accused him of assault. When he denied 
it, Bhatti accused Mantler. Bhatti said he was bleeding profusely, 
yet there were no stains visible on his shirt, the judge said.

Goodwin said he took initial control of Bhatti and Mantler helped 
handcuff him. He couldn't see Mantler with Bhatti when he placed the 
bicycle in the trunk, but heard no yelling or scuffling, he said. 
When he lowered the trunk lid, Bhatti was seated in the police car.

Goodwin picked up his glasses, which were bent and missing a lens. 
Goodwin said he may have pushed Bhatti's head against the car while 
arresting him.

The judge admonished Goodwin for failing to make proper notes, 
especially when the complaint against Mantler was so serious. He 
suggested his loyalty toward Mantler may have tainted his evidence.

"It's disappointing that a police officer who's part of an 
organization whose members are often touted as being trained 
observers and professional witnesses would meekly concede he could 
have been the one who caused the injury to Mr. Bhatti," Takahashi said.

Mantler gave a statement the judge couldn't consider as evidence. He 
said he banged Mr. Bhatti's head against the police car while Goodwin 
dealt with the bike because he thought Bhatti was going to spit at or 
hit him. The confession was admissible but the Crown never submitted 
it as evidence.

Neville McDougall, who defended Mantler, said later the prosecutor 
could only submit the statement if Mantler had testified.

To find Mantler guilty, the Crown has to prove he assaulted Bhatti 
beyond a reasonable doubt. Because Bhatti's evidence was unreliable 
and Goodwin admitted he may have injured him, the judge had to acquit.

"The evidence in this case raises likelihoods and real concerns about 
the conduct of Const. Mantler. But those do not equate to proof 
beyond a reasonable doubt," Takahashi said.

McDougall was pleased with the decision but surprised by the judge's 
comments. He implied Mantler was probably responsible for Bhatti's 
injury, McDougall said.

"I . . . thought it was a backhanded slap. The fact you say he may 
have caused those injuries does not mean that he committed an 
offence," McDougall said.

Mantler faces trial in November for assaulting Buddy Tavares during 
an arrest in January 2011. Meanwhile, he could face internal RCMP 
discipline for his role in Bhatti's arrest.

McDougall said he expects the same result if the code-of-conduct 
investigation goes ahead.

"I'd hope that even with this current regime of (RCMP) management, 
they will reconsider whether or not to prosecute this man internally."

Mantler remains suspended from the force without pay. Several 
Mounties accompanied him for Thursday's decision.
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MAP posted-by: Jay Bergstrom