Former Baffin Correctional Centre jail guard appeals assault conviction
Appeal hearing set for July 13
A former Baffin Correctional Centre guard is appealing an assault conviction for punching and kicking an inmate in the head.
Michael Bracken, 31, was convicted of assault and sentenced to 30 days in jail in January for what the trial judge described as a "cowardly and gratuitous act of violence" that was partially caught on video.
In a notice of appeal filed with the Nunavut Court of Justice shortly after he was sentenced, Bracken said the judge made unreasonable findings in his conviction and overemphasized general deterrence in his sentencing.
In his judgment, Justice Paul Bychok wrote "the offender's cowardly and violent assault of the victim was a brazen and flagrant abuse of his position of authority and the public trust."
Letter of support
In a letter addressed to the Legal Services Board of Nunavut, Bracken's defence lawyer in the trial, Scott Cowan, supports the appeal.
He writes the judge relied on "choppy and grainy" video and was unreasonable in dealing with the testimony of three other jail guards who were fuzzy on their memory.
"Each one of the witnesses called by the Crown attempted to excuse the offender and justify his actions," Justice Bychok wrote in his decision.
"The offender's former supervisor also backtracked in his evidence and also offered alternate explanations for the kick which had absolutely no air of reality."
An appeal hearing is scheduled for July 13.