A Nunavut judge has acquitted a prosecutor and an officer of criminal contempt but says their joint actions in the arrest of a man outside a courtroom were a SA国际影视传媒渄irect and public insult to the integrity of the Nunavut Court of Justice.SA国际影视传媒�
In a written decision, Justice Paul Bychok says Cpl. Andrew Kerstens and prosecutor Emma Baasch were SA国际影视传媒渞ecklessSA国际影视传媒� and their actions in the arrest of Robert Campbell inside the courthouse SA国际影视传媒渞eveal a stunning lack of judgment,SA国际影视传媒� but not to the extent required for a criminal conviction.
Kerstens arrested Campbell in IqaluitSA国际影视传媒檚 courthouse and took him into police custody on July 13. Campbell had been set to stand trial that morning, along with two other co-accused, on a charge of assaulting a correctional officer.
The Public Prosecution Service of Canada states Campbell was arrested after it was alleged he had interfered with a witness set to testify at the trial.
Bychok wrote in his decision that when Campbell did not show up for his trial, Baasch, in requesting an adjournment, stated in passing that he was in custody. The judge said it was only when he questioned CampbellSA国际影视传媒檚 lawyer that he learned the man had been arrested outside the courtroom that morning.
After returning Campbell to court more than an hour later, Kerstens told the judge he felt it had been in the public interest to arrest the man.
Bychok wrote that he did not learn about the prosecutorSA国际影视传媒檚 involvement in the arrest until a contempt hearing for the officer in August. KerstensSA国际影视传媒� lawyer said the prosecutor had discussed the matter with the officer and they mutually agreed Campbell should be charged and arrested when he arrived at the courthouse.
Bychok said the actions of Baasch and Kerstens violated CampbellSA国际影视传媒檚 right to be present at his trial and were SA国际影视传媒渁 flagrant and public interference with, and violation of, the courtSA国际影视传媒檚 active jurisdiction over him.SA国际影视传媒�
SA国际影视传媒淓ach of you gave no more thought or reflection to your actions, their implication, and ramifications, than you would have had you considered having Mr. Campbell arrested in NorthMart or inside the legion,SA国际影视传媒� he wrote.
The judge added that the prosecutor, on the day of the trial, failed to give the court a SA国际影视传媒渃andid and full accounting and explanationSA国际影视传媒� for her actions, or justification for CampbellSA国际影视传媒檚 arrest and trial adjournment.
SA国际影视传媒淚 am disappointed that nowhere in your affidavit or in your lawyerSA国际影视传媒檚 pleadings do you recognize that you failed in your ethical duties to the court,SA国际影视传媒� he wrote.
In a statement, the Public Prosecution Service of Canada said it fully supports Baasch and SA国际影视传媒渋s of the view that the prosecutor acted ethically at all times.SA国际影视传媒�
The did not immediately respond to a request for comment.
Court records show Campbell did stand trial on the assault charge but Bychok has not yet issued a verdict.
SA国际影视传媒擝y The Canadian Press. This story was produced with the financial assistance of the Meta and Canadian Press News Fellowship.
