Nanaimo Mountie acquitted of assaulting woman in holding-cell hallway

Judge sides with RCMP officer who punched 19-year-old after that they had punched him following an arrest for being drunk and disorderly

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A Nanaimo RCMP officer has been acquitted of assault inflicting bodily hurt after a girl was injured in a police jail hallway in 2018.

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According to a provincial courtroom of B.C. ruling issued on Monday, Const. Tim Mason acted moderately when he struck Emily Golobar following her arrest for being drunk in public.

The incident started on Dec. 8, 2018, when Mason responded to a late-night report of a attainable sexual assault.

Court heard that Golobar had been out with pals celebrating her nineteenth birthday when a type of pals known as the police as a result of they have been involved that Golobar was very intoxicated and had gone to a person’s dwelling.

Police arrived at that dwelling after which introduced Golobar again to be reunited together with her pals.

An argument broke out between Golobar and the pal who had known as police and he or she was unwillingly arrested and brought to the Nanaimo detachment.

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Court heard that whereas Golobar was being escorted to a holding cell she tripped Mason over. Mason then tackled her to the bottom the place she landed on her again after which punched Mason within the face.

Mason then punched her, inflicting a minimize above her left eye.

Mason testified that after he hit Golobar, she seemed down together with her hair in a large number and stated to him “why did you punch me?”

Mason responded, “you punched me.”

Golobar then stated “why you threw me on the ground?”, to which Mason responded, “well you kicked me.”

“In my view, on the specific facts of this case, this was a dynamic, unfolding situation where Ms. Golobar had been belligerent, argumentative and was determined not to co-operate given she was refused an opportunity to phone her mother,” Judge Brian Harvey wrote.

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“I also find that this young, albeit fairly small, female complainant was highly motivated not to be held in custody.

“From the booking area of the Nanaimo RCMP detachment en route to cells, I accept Ms. Golobar’s behaviour moved beyond passive and actively resistant to being clearly assaultive.”

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