Regina police officer guilty of assaulting homeless man: Court of Appeal

Saskatchewan's highest court has reinstated the original assaultconviction of a Regina Police Serviceofficer who kicked a homeless man and caused him to hit his headfour years ago.

The recent Court of Appeal decision meansConst.Robert KennethPower has been found guilty,not guilty and now guilty again.

After the original conviction, Power wassentenced to, and served, a yearof probation.

Video footage showed incident

Security footage used as evidence in the original trial shows the incident, which occurred outside a detox centre. Court heard theman was an alcoholic whom Power had arrested or had dealings withabout 100 times before.

On the night in question, May 7, 2012, the man got into a confrontation with Power, challenged him to a fight and moved toward the officer, court heard.

Power, who said he believedthe man was HIVand hepatitisC-positive,kicked him in the chest or abdomen, knocking him down.

As he fell, the man hit his head on a cement wall, ending up with a bloody head injury that required hospitalization.

The trial revolved aroundwhether or not the 6-foot-1, 215-poundPower used reasonable force to stop thesmaller, cognitively impaired, partially blindhomeless man.

The conviction was appealed to the Court of Queen's Benchand was overturned. Power was reinstated as a police officer in December 2014.

The Crown appealed that acquittal to the Court of Appealand on Tuesday, a written judgement reinstated the original assault conviction.

Justices split on decision

While two Court of Appealjudges agreed Power was guilty, a third had a dissenting opinion and saidthe kick was "not unreasonable"to repel an aggressor.

There's no word yet on whether or not thecase will be appealed further, tothe Supreme Court of Canada.