Edmonton officer accused of racism, using excessive force 'doesn't deserve that uniform,' hearing told
Andrea Huncar | CBC News | Posted: May 28, 2019 5:26 PM | Last Updated: May 28, 2019
Officer delivered up to 20 blows to his face and head during arrest, complainant testifies
A disciplinary hearing is underway this week for an Edmonton police officer accused of assault and using Islamophobic slurs during an arrest in March 2015.
Nasser El Hallak, 53, says Const. Nathan Downing delivered up to 20 blows to his face and head during his arrest, leading to nerve damage and fractures on both sides of his face.
"He was talking like a gangster … (saying) 'I'll f--k you up. You think you could f--k with me,'" El Hallak testified Monday. "The blood was coming from my mouth and my nose."
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Downing is charged under the Police Act with unlawful or unnecessary exercise of authority, discreditable conduct and deceit.
His co-accused, Const. Nicholas Talvio, is charged with discreditable conduct, neglect of duty and deceit.
Downing, dressed in a suit, and Talvio, in uniform, sat facing El Hallak as he testified animately Monday.
'I'll f--k you up'
At around 4 a.m. on March 25, 2015, El Hallak was driving his wife's truck to a nearby Mac's store to buy cigarettes, he said.
He said he became worried when he spotted a police vehicle near 118th Avenue and 43rd Street, because he only had his learner's licence which prohibits driving at night.
El Hallak said the police vehicle turned but reappeared as he pulled up at home.
Talvio and Downing got out.
"He said 'Come here you f--king n--ger! I'll f--k you up,'" El Hallak said.
Thinking it was a case of mistaken identity, El Hallak told the officers he was Arabic.
He said Downing responded with something like: "You f--king Muslim. You're killing our people and you think you can have a decent life? I'm going to make your life miserable."
Out of fear, El Hallak walked, then ran away as Downing chased behind, threatening to kill him, he said.
El Hallak said he stopped when Downing threatened to Taser him, demonstrating at the hearing how he lay face down on the ground with his hands behind his head.
Teeth fell out
El Hallak said he was handcuffed and placed in the back of the vehicle on the passenger's side, where he was accused of drinking. Downing rapidly punched him up to seven times in the face, he said.
He asked to take a breathalyzer test as Downing delivered another round of blows that would later cause four of his bottom teeth to fall out, he said.
Talvio stood silent at the back door of the driver's side with a flashlight while the assault occurred, El Hallak said.
On the way to the police station, El Hallak was placed in a spit mask, he said.
He said he has asthma and told the officers he couldn't breathe but was told to "shut the f--k up."
He managed to take off the mask and drifted in and out of consciousness on the way to the station, he said.
El Hallak testified that he was never read his rights and refused to sign a confession that he had been driving impaired.
He was charged with obstructing a peace officer, impaired driving and refusing to provide a breathalyzer. The Crown later withdrew the charges.
Financially motivated
Under cross-examination, the officers' lawyers pointed to inconsistencies in El Hallak's testimony and previous statements, suggesting he had been drinking and driving.
Mike Danyluik read from Downing's notes from the night of the arrest, which stated that El Hallak was tackled by Downing, arrested for obstruction and read his rights.
'I'm going to suggest to you that all that happened," Danyluik said.
Downing had said in previous statements he delivered one punch to El Hallak's face after the man tried to get away.
On Monday, a radiologist testified that X-rays and CT scans showed both sides of El Hallak's face had been fractured from injuries sustained around the time of the arrest.
Danyluik also suggested El Hallak's complaint was financially motivated.
El Hallak is seeking $200,000 in damages in a lawsuit against the constables and several other officers.
"My priority is this guy has to leave the service," El Hallak insisted. "He doesn't deserve that uniform."
Two witnesses are expected to testify Tuesday, followed by Downing and Talvio.