This article was last updated on April 16, 2022
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In a sentence announced on Thursday, Justice Louise Botham declared that the Toronto police officer, Const. Babak Andalib-Goortani, accused of using excessive force during the arrest of a G20 protester, Adam Nobody, is guilty of assault with a weapon. 33-year-old Andalib-Goortani had initially pleaded not guilty to the charges laid against him as he previously mentioned in a tearful testimony that he struck and jabbed Nobody with his baton as he had been taught to do when an individual resists arrest.
27-year-old Nobody has utterly denied the assertion that he was resisting arrest at the June 26, 2010 protest outside Queen’s Park. It was later clarified that the issue at hand was not the lawfulness of the arrest, but whether excessive force was used to make the arrest attempt or not. An agreed statement of facts submitted to the court alleged that police had reasonable grounds to arrest Nobody. However, both parties also agreed to drop the charges of obstruction of justice and assaulting a peace officer.
It was explained that Botham found Andalib-Goortani’s explanation of not having had seen the blows delivered by his fellow officers as an afterthought to explain his behaviour. She alleged that force used was not necessary to control or arrest Nobody. In his court testimony, Nobody alleged that he was chased down by police, tackled from behind and landed faced down on the ground, adding that he was pinned him to the ground by Police officers as clearly shown in the video evidence.
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