Disciplinary hearing adjourned after witness testifies constable arrested her

A police disciplinary hearing has been adjourned one day after a witness testified that the Edmonton constable at the centre of the case arrested her two weeks ago.

In a statement, the Edmonton Police Service said "new information" brought forward at the hearing will now be the subject of a separate investigation.

At the hearing on Tuesday, Crystal Fox testifiedagainst Const. Nathan Downing, who isaccused of assault and using racial slurs during an arrestin March 2015. Fox told the hearing that Downing arrested her two weeks ago.

Court records show Fox was charged on May 14 for driving with a suspended licence.

"On account of this new information, counsel for the chief and counsel for Const. Downing jointly sought an adjournment to allow for a detailed investigation into the circumstances surrounding the traffic stop and subsequent arrest," a police spokesperson said in a news release.

• Edmonton constable facing disciplinary charges recently arrested witness, hearing told
• Edmonton constable denies using Islamophobic slurs, excessive force during arrest

Presenting officer Dan Morrow, who acts as a prosecutor on behalf of the chief,asked for an adjournment until Fox's allegations have been fully investigated.

"Circumstances have arisen which in my submission could have significant impact on the hearing," Morrow said.

Lawyer Mike Danyluik, counsel for Downing, said the result of the new investigation could have a "significant impact" on these proceedings.

The adjournment was granted by presiding officer, Tom Grue, a retired police superintendent.

"I'm ofthe view that the charges are so serious that, despite the delaywe have seen, we need to hear them out to their completion," said Grue,who acts as the judge.

Downing has been charged under the Police Act with unlawful or unnecessary exercise of authority, discreditable conduct and deceit in relation to the arrest in March 2015 ofNasser El Hallak.

His co-accused, Const. Nicholas Talvio, is charged with discreditable conduct, neglect of duty and deceit.

Lorena Harris, counsel for Talvio, rejected the application to adjourn the hearing, pointing out that the El Hallak's arrest took place more than four years ago.

"My client is eager to have the opportunity to give evidence ... to deal with these very serious charges that have hung over his head for the nexus of four years," she said.

• Edmonton officer accused of racism, using excessive force 'doesn't deserve that uniform,' hearing told

A day earlier, lawyer Mustafa Farooq, executive director of the National Council of Canadian Muslims, called for an investigation after hearing Fox testify.

"We welcome the fact that there is an understanding that the allegations that have been raised are very serious and that they need further investigation," Farooq said Wednesday.

"I think it's also really clear that this is why when someone is facing a disciplinary hearing on the basis of vicious police brutality animated by racial slurs and Islamophobic slurs there should be a method by which they are not on the street and in this potential position of power."

In an unrelated disciplinary hearing in September 2015, Downingwas found guilty ofmisconduct and unlawful or unnecessary exercise of authority.He tried to stop a fleeing suspect by cutting him off with his police van. The suspect's ankle was broken.