(CJCD Mix 100 News) Yellowknife, N.W.T. – The RCMP say it’s not their fault a Yellowknife Mountie had to go through an assault trial last week based on what some critics called weak evidence.
The judge dismissed the charge against Constable Jason Muzzerall, describing the complainant as an unreliable witness and concluding the Crown had failed to prove an assault had occurred.
An RCMP spokesperson, Sgt. Brad Kaeding, explained it’s the Crown who decides whether charges are laid.
“Our investigation was done. It was completed as thoroughly as possible, as early as possible and was submitted for an opinion on whether or not charges were merited to the Public Prosecution service,” he explained. “They were the ones tasked with making that decision.”
Kaeding pointed out that the process of investigating one of their own should show the public the RCMP take all complaints seriously.
However, the complainant in the case, Kevin Fowler, claimed a key piece of evidence was missing– the video of him in a holding cell.
Kaeding admitted the video would have confirmed there was no assault.
“It would have been beneficial to have them, and you know, we may not have come to the point of having a trial if we did have those video images.”
Fowler was arrested in April 2009 for public intoxication and filed his complaint against Muzzerall the following month.
RCMP officers reviewed the video of the holding cell afterward, deemed it to be not relevant and destroyed it.
False accusations should be subject to mischief charges and civil suits against the offenders. The practice of charging persons just to “clear the air” is a waste of the courts time and needless stress on those involved. Perhaps the advent of an association / union for the officers in the RCMP organization will be more responsive in that area.
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