Police assault trial comes down to closing arguments

A judge will decide Aug. 29 whether Jarrott Forsyth was acting in self defence when he punched a fellow city police officer in the face during an altercation at the woman's Manitou Park residence last summer.

After three days of testimony — from eight witnesses — at the trial that started last week, the Crown and defence made their closing arguments Tuesday.

Forsyth has pleaded not guilty to assaulting Det. Const. Melanie Roach and her girlfriend Lindsay Palmer in the early morning hours of Aug. 27, 2016.

"All this results from a stupid, alcohol-induced misunderstanding," said defence counsel Bruce Willson, suggesting that with the Crown's "dog's breakfast of assault charges we don't know what happened."

"You have to bend over backwards to believe the complainants and cherry pick the evidence," he told Ontario Court Justice Richard A. Humphrey.

Prosecutor Kaely Whillans maintained the case comes down to credibility and Forsyth's version of the events was inconsistent and lacked credibility, and the court should reject his evidence.

Two assaults took place and they are not justified by self defence and the accused assertions that he was trying to protect Palmer from her angry, intoxicated and abusive partner (third party defence), she said.

The confrontation occurred when a "confused" Roach saw Forsyth attempting to kiss Palmer — something he denied, saying he was just hugging her goodbye — and when he joked about it, she asked him to leave, the assistant Crown attorney said.

This "started an argument, building to pushing and punches," Whillans argued.

Roach testified that she thought that she threw the first punch, but after Forsyth retaliated with a punch to her mouth, she became scared, and then angry.

"This makes sense as emotional escalation as things took place," the Crown said.

Willson countered that there is no question that when Roach came into the house "all hell breaks out."

Forsyth's fellow Sault Ste. Marie Police Service member was assaulting him and "he's trying to get her girlfriend out of the house," he said.

Roach testified that Forsyth was drunk — the only evidence of that came from her — and she said the accused punched her "with all his might," Willson said, pointing out he had suggested to her "that her teeth would have been knocked out."

Willson charged that Roach was minimizing events, by saying she only got mad when Forsyth threw her girlfriend against the wall.

There's no question, at the end of the altercation, that Forsyth wanted Palmer to come with him, because the atmosphere "was highly charged and aggressive and he was concerned for her safety," the defence said. 

He wanted to get her out because he wanted to protect her, because she's with a partner who is drunk and the situation is highly volatile, Willson maintained.

Whillans argued that Forsyth did nothing after leaving the house that reflected his worry about Palmer.

She was "his paramount concern yet all that disappeared once he walked out the door," she noted.

Forsyth indicated he had evidence of two domestic violence acts against Palmer, had multiple opportunities to take action, a duty he had as a police officer, but did nothing, Whillans suggested.

He called two other officers after the confrontation. Neither answered and he left a message, saying he had just "had knocked out Roachie" and he thinks she's going to call the cops, the Sudbury prosecutor said.

He left this message, despite his evidence, that he just gave her a little jab, Whillans told the court.

"That voice message is crucial," she maintained. "That's what he's worried about, and concerned she was going to call police."

Forsyth also texted Roach's supervisor, saying "Roachie is a huge c***, get rid of her."

He didn't say she hit him, only get rid of her, the Crown argued.

The defence pointed to a text, which Roach sent Forsyth at 2:57 a.m., prior to the altercation, threatening that she was going to punch him in the face as critical evidence.

When Roach testified, she admitted she hit Forsyth, "struck him in the face, no question about it," Willson said.

He suggested there was an opportunity for Roach and Palmer to collude about their evidence since they lived together.

"It's unquestionable that opportunity existed since day one."

His client made a lot of mistakes that night, he should not have gone back to a bonfire party to give the pair a ride home and never should have gone into their residence when they asked him to come in for a drink.

"He was trying to help them. He's a police officer and Roach is a good friend."

All of the accused's evidence is far more in accordance "with what we know happened," he maintained.

Willson urged the judge to find there is reasonable doubt, and to dismiss the charges against Forsyth.

Whillans said texts between Roach and Forsyth that night are more consistent with the complainant's version of what had occurred.

"Given all the evidence," the court shouldn't accept Forsyth's version of the events," and the Crown's evidence shouldn't leave any reasonable doubt, she said. 

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