Proceedings are set to begin Wednesday regarding Police Services Act charges against a local police officer.
The Office of the Independent Police Review Director (OIPRD) hearing stems from a complaint made by Tim Mitchell regarding his arrest by Const. Matthew Keating on March 26, 2016, says a news release issued by Mitchell's lawyer, Davin Charney.
Mitchell was acquitted in February, 2018 of two charges stemming from the arrest, during which the judge ruled city police officers breached his rights under sections of the Canadian Charter of Rights and Freedoms.
When he dismissed the charges of resisting police and breach of a recognizance for consuming alcohol, Ontario Court Justice John Condon determined police had used excessive force when dealing with Mitchell, who suffered broken ribs and a punctured lung that developed into life-threatening injuries.
Specifically, Condon pointed to a single blow Keating delivered to Mitchell's upper abdomen, which was "strong enough to break Mr. Mitchell's ribs."
After an investigation, Keating was charged with three counts of misconduct under the Police Services Act, including unlawful or unnecessary exercise of authority, discreditable conduct, and neglect of duty.
Charney says he will oppose an application by Keating's lawyer to ask a hearing officer to dismiss the charges against Keating. If the hearing goes ahead it will take place at a later days, says Charney.
Charney also represents Mitchell and others in a $6.5-million lawsuit filed in 2018 against the Sault Ste. Marie Police Services Board and two officers — Keating and Staff Sgt. Ken Hruska.