The following statement was issued to media from Lawyer, Davin Charney – Lawyer for Tim Mitchell
On March 26, 2016 Tim Mitchell was assaulted by Sault Ste Marie police Constable Matthew Keating. Constable Keating was arresting Mr. Mitchell in his home for allegedly breaching terms of bail – that he was not allowed to be consuming alcohol. Cst. Keating used excessive force against Mr. Mitchell when he punched him in the ribs so hard that he caused multiple fractures. The injuries lead to serious medical issues and Mr. Mitchell was in a coma for weeks, spent 3 months in hospital, and almost died. At a trial, Justice J.P. Condon found that Cst. Keating had used excessive force and Mr. Mitchell was acquitted of all charges.
After the trial Mr. Mitchell made a complaint to the Office of the Independent Police Review Director (OIPRD). The matter was investigated and Constable Keating was charged with 3 counts of misconduct under the Police Services Act including, 1) unlawful or unnecessary exercise of authority, 2) discreditable conduct, and 3) neglect of Duty.
Beginning at 10:00 am on Wednesday, December 18, 2019 a hearing will be held at the police headquarters at 580 Second Line E, Sault Ste. Marie. Counsel for Constable Keating will make an application to ask a hearing officer to dismiss the charges against her client. She will argue abuse of process, delay and that the OIPRD was biased in their investigation. The hearing is open to the public. The application will be opposed by the Sault Ste Mare Police Service and Mr. Mitchell. If the application is not successful, a full hearing for all the charges will go ahead at a later day.