'Stunning lack of judgment': Nunavut prosecutor, Mountie acquitted of contempt

A Nunavut judge has acquitted a prosecutor andan RCMP officer of criminal contempt but says their joint actions in the arrest of a man outside a courtroom were a "direct and publicinsult to the integrity of the Nunavut Court of Justice."

In a written decision, Justice Paul Bychok says Cpl. AndrewKerstens and prosecutor Emma Baasch were "reckless" and theiractions in the arrest of Robert Campbell inside the courthouse"reveal a stunning lack of judgment," but not to the extentrequired for a criminal conviction.

Kerstens arrested Campbell in Iqaluit's courthouse and took himinto police custody on July 13. Campbell had been set to stand trialthat morning, along with two other co-accused, on a charge ofassaulting a correctional officer.

The Public Prosecution Service of Canada states Campbell wasarrested after it was alleged he had interfered with a witness setto testify at the trial.

Bychok wrote in his decision that when Campbell did not show upfor his trial, Baasch, in requesting an adjournment, stated inpassing that he was in custody. The judge said it was only when hequestioned Campbell's lawyer that he learned the man had beenarrested outside the courtroom that morning.

After returning Campbell to court more than an hour later,Kerstens told the judge he felt it had been in the public interest to arrest the man.

'You failed in your ethical duties to the court'

Bychok wrote that he did not learn about the prosecutor'sinvolvement in the arrest until a contempt hearing for the officer in August. Kerstens' lawyer said the prosecutor had discussed thematter with the officer and they mutually agreed Campbell should becharged and arrested when he arrived at the courthouse.

Bychok said the actions of Baasch and Kerstens violatedCampbell's right to be present at his trial and were "a flagrant and public interference with, and violation of, the court's activejurisdiction over him."

"Each of you gave no more thought or reflection to your actions, their implication, and ramifications, than you would have had youconsidered having Mr. Campbell arrested in NorthMart or inside thelegion," he wrote.

The judge added that the prosecutor, on the day of the trial,failed to give the court a "candid and full accounting and explanation" for her actions, or justification for Campbell'sarrest and trial adjournment.

"I am disappointed that nowhere in your affidavit or in yourlawyer's pleadings do you recognize that you failed in your ethicalduties to the court," he wrote.

In a statement, the Public Prosecution Service of Canada said itfully supports Baasch and "is of the view that the prosecutor actedethically at all times."

The RCMP did not immediately respond to a request for comment.

Court records show Campbell did stand trial on the assault chargebut Bychok has not yet issued a verdict.

This story was produced with the financial assistance of the Meta-Canadian Press News Fellowship, which is not involved in the editorial process.