Daniel Montsion's lawyers to issue charter motion in manslaughter trial

The defence lawyers for an Ottawa police officer charged in the death of Abdirahman Abdiare expected on Wednesday to make a charter application that could see key evidence and possibly the entire case thrown out of court.

The application stems from the Special Investigation Unit's (SIU) handling of the surveillance video thatcaptured Const. Daniel Montsion's violent arrest of Abdi on July 24, 2016.

The video shows Montsion arrive on scene and punch Abdi before he and another officer push Abdito the ground. Once Abdi was on the ground, Montsion punches himin the legs and head before the officers get him in handcuffs.

Parts of the video have been viewed in court, but none of it has been accepted as evidence.

WARNING: Video contains graphic content

6 years ago

Duration 5:51

A longer version of the video secured as digital evidence in the trial of Const. Daniel Montsion. It appears to show Abdirahman Abdi being kicked and punched by police officers in front of the apartment building at 55 Hilda St.

Over the course of the investigation, multiple copies of the video were created. The trial has focused on a low-quality 29-minute screen capture and a copy that appears to run at a slower speed.

The screen capture was the only version of the video secured as digital evidence before the trial. The original surveillance video and the slower version never made it to the SIU's central evidence registry and was not disclosed to the Crown and the defence until the day before the trial.

Defence lawyer Michael Edelson told the court on the second day of the trial he wouldconsider an application alleging a breach of one ormore provisions of the Charter of Rights and Freedoms. Edelsonarguedthere wasabuse of process by the SIU for misleading the Crown, the pathologist, the defence and ultimately the court.

That application is expected to be introduced on Wednesday, though Justice Robert Kelly may not make a decision that day.

Technical problems could derail trial

In the first few week of the trial the court heard the video gave investigators trouble from the very beginning.

Forensic investigator David Robinson couldn't get it to copy to a DVD to be sent to the SIU's central registry.

Instead, he created a poor quality screen capture.

He asked his manager, Frank Kavcic, for help. Step by step, Kavcic showed Robinson how to export the video as an MP4 and managed to make a two-minute version showing the violent altercation between Abdi and police.

Robinson couldn't get it to work himself. After that, he forgot all about the files, including the copy that Kavcic had made.

WARNING: Video contains graphic content

6 years ago

Duration 0:23

Two versions of the surveillance video at the centre of Const. Daniel Montsion's manslaughter trial shown side-by-side. The defence argues the video on the right appears slower and smoother than the version on the left, which was secured as digital evidence. The defence says the version on the right was shown to several expert witnesses, calling their testimony into question.

Kavcic's version appears slower than the screen capture and, according to the defence, downplays the force used by the other officer on scene.

It was shown to the pathologist and the blood spatter expert, according to testimony heard in court.

That means Edelson'scharter application could have implications for the admissibilityof their testimony as well.