A new trial has been ordered for a Vancouver police officer who was convicted of assault after punching a cyclist in 2013.
“Why did you punch me?”
“Because you were resisting.”
“I did not resist.”
In 2013, Constable Ismail Bhabha was captured on video arresting a cyclist for allegedly speeding through a red light.
Seconds later, Bhabha punched the cyclist in the head on the grounds the officer felt he was resisting arrest.
Last year, Bhabha was found guilty and sentenced to six months probation and handed a conditional discharge.
But Bhabha appealed, and argued for an acquittal.
Instead, a BC Supreme Court judge has ordered a new trial, saying the judge in Bhabha’s original trial failed to give proper consideration to the possibility he was acting lawfully in trying to place handcuffs on the man.
“In all the circumstances including the fact that the judge made no clear findings of fact in relation to whether or not the blow, which is the subject of the charge, would or would not have constituted an assault had he found the appellant to be acting in the execution of his duty, I see no recourse but to order a new trial.”
No word yet on when that trial will begin.