Judge delivers decision in police officer assault trial (update)

2:53 p.m. update:

City police Const. Jarrott Forsyth was found not guilty Tuesday of assaulting a female colleague during an off-duty confrontation last summer.

But Ontario Court Justice Richard Humphrey convicted the 10-year Sault Ste. Marie Police Service member of a second assault charge involving the woman's girlfriend.

The Sudbury judge delivered his ruling via a video hookup, but did not read the entire 24-page written decision.

The complainants, Det. Const. Melanie Roach and Lindsay Palmer, were not among the dozen or so people who crowded into the small Sault Ste. Marie courtroom to hear the verdicts.

A date for sentencing will be confirmed on Sept. 11.

Forsyth remains on the job, working on modified duties.

In a news release, Chief Robert Keetch indicated he has taken disciplinary actions in connection with these events and will continue to do so.

"We will be reviewing the information made available at trial with our legal counsel to determine if any of the officers present during this event breached the code of conduct as set out in the Police Services Act."

Although a court has passed judgement on the officer's criminal conduct, police service members are also held accountable to separate and distinct proceedings under the act, he said.

Keetch said any violation, including Forsyth's actions, will be subject to provisions of the act.

"We're considering whether or not to appeal," defence lawyer Bruce Willson said in an interview outside the courtroom. "We're going to wait to see what the sentence is."

He described the assault Forsyth was convicted of as "not a very serious offence."

The confrontation occurred in the early morning hours of Aug. 27, 2016 at the women's Manitou Park residence, where the trio was drinking, following a bonfire at the home of two other police officers.

During the trial, Roach and Palmer testified the incident was sparked by Forsyth's attempt to kiss Palmer, which angered Roach, who ordered him to get out of the House. 

Forsyth maintained he was just giving the woman a hug goodbye, when Roach burst through the door, sucker punched him on the right side of his face, then struck him again on the cheek.

In his decision, Humphrey described the evidence given by Roach and Forsyth as "diametrically opposed" about who was the aggressor that night.

A review of the evidence showed three different scenarios outlined by the accused and the two complainants, he said, adding Palmer's evidence was limited because of her vantage point, since she wasn't present during some of the events.

"It seems clear that the confrontation between Ms. Roach and the accused was somewhat on equal terms," Humphrey said. "While she is shorter in stature than the accused, she is by no means a diminutive person."

Roach is five-foot-ten and weighs between 200 and 210 pounds, while she estimated Forsyth is 6 feet, and weighs 230 pounds.

"She appeared to show no fear of the accused and did not back down from him at any point in time."

It was Roach who verbally accosted Forsyth immediately upon entering the house, was upset by what she perceived to be happening, and at that point she alone had grounds to be angry, the judge said.

Humphrey found that Roach threw the first punch, resulting in Forsyth's "response in kind."

When she spoke to police, Roach described the nose to nose confrontation prior to the first blow as being nothing of concern.

"It was therefore not a valid reason to strike him."

The judge called Roach's testimony that she only became angry later in the confrontation questionable.

She told the court this occurred after Palmer was pushed, but this happened at the end of the confrontation and after she had already thrown the first punch, Humphrey said.

He also said Forsyth's evidence that he was concerned about Palmer's safety was questionable since he didn't leave the residence despite opportunities to do so, and because of his failure to diligently report his concerns to the authorities. 

Humphrey concluded that "this court is unable to reconcile the divergence in the evidence between the two main combatants."

The judge said the court must be able to articulate clearly why the Crown's evidence should be preffered over that of the accused.

"That is not capable of being done," he said. "Accordingly, a finding of not guilty must be entered on count one."

Humphrey described circumstances surrounding the assault allegation involving Palmer as "quite apart" from those concerning Roach.

At no time was Palmer physically aggressive towards anyone that night, much less Forsyth, he said, noting she fled at the beginning of the confrontation, indicating her desire not to be involved.

Forsyth's own evidence indicated her only involvement came at the end, when she got in between him and Roach, the judge said.

When Palmer did this, she was facing Roach with her back to him. She had her hands on Roach's shoulder or chest and was telling her "stop, let him go."

The accused stated "Lindsay yelled for her to stop, let him leave and she was kinda stopping Mel from advancing on me."

Humphrey noted that when Willson asked Forsyth why he pushed or scooped Palmer out of the way, he responded he did this to defend himself from Roach who was throwing punches.

Then, "almost as an after thought, he added it was to get Ms. Palmer out of the way, so she would not get hit" and then reiterated it was to "just defend myself."

This explanation wasn't credible, the judge said.

Removing Palmer as a barrier between himself and Roach would only increase the potential of his own peril.

Humphrey said there was no suggestion Roach was directing blows at her girlfriend, which would require the need for Forsyth to protect her.

Nor was there any evidence of a confrontation between the two women at the time.

As well, Forsyth could not explain how Palmer suffered injuries to her foot, given his testimony that his casting her aside didn't result in her falling.

"This court has no hesitancy whatsoever in finding that the accused intentionally applied force" to Palmer without her consent, committing an assault upon her, Humphrey said. 

The judge concluded that Forsyth's actions were not in a defence of another person or self defence, and found him guilty of this charge.

10 a.m. original story:

A judge has found a city police officer not guilty of assaulting his colleague last summer, but guilty of assaulting her girlfriend.

In a decision released this morning, Justice Richard Humphrey found Jarrott Forsyth not guilty of assaulting Det. Const. Melanie Roach.

Forsyth was found guilty of assaulting Roach’s girlfriend Lindsay Palmer in the early morning hours of Aug. 27, 2016.

More to come . . .

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