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'Unjustified' punches caused Abdirahman Abdi's death, Crown begins

Abdirahman Abdi died in "an arrest gone bad," the Crown told a packed courtroom as the trial of Ottawa police Const. Daniel Montsion began Monday.

Const. Daniel Montsion pleads not guilty to manslaughter, assault charges as trial opens

Const. Daniel Montsion, centre, leaves the Ottawa courthouse alongside his legal team and Ottawa Police Association president Matt Skof, left, on Feb. 4, 2019. (Judy Trinh/CBC)

Apolice officer's "unjustified" punches to the head and body ofAbdirahmanAbdicaused theOttawaman's fatal heart attackoutside his Hintonburg apartment building in July 2016,the Crown told a packed courtroom Monday.

Const. Daniel Montsionpleaded not guilty to manslaughter, aggravated assault and assault with a weaponas his trial got underway.

Assistant Crown attorney PhilipPerlmutterbegan his opening remarks by characterizing the proceedings as a trial "about an arrest gone bad."

From the Crown's perspective, the evidence is uncomplicated and comes down to two questions:

  1. Did the accused use excessive force?
  2. Did the accused cause the death ofAbdirahmanAbdi?

The Crown answeredyes to both,and saidthe events that took place at the Bridgehead coffee shop prior toAbdi'sarrestare irrelevant.

Video evidence

Perlmuttersaid the Crown intends to introduceforensic evidence including aCCTVvideo recording taken from the lobby ofAbdi'sapartment building.

Perlmuttersaid the video will show footage ofMontsionjoiningConst. Dave Weir at thescene before punchingAbdimore than once in the face with a closed fist.Montsiondid not hesitateand waswearingreinforced gloves,Perlmuttertold the court.

He said the footage will then showMontsionandWeir hauling a bleedingAbdito the ground, where the accusedthen punchedAbdiin the legsand again in the face.Abdistopped moving shortly after that,Perlmuttersaid.

Const. Daniel Montsion, right, is on trial for manslaughter, aggravated assault and assault with a weapon in the 2016 death of 37-year-old Abdirahman Abdi, left. (Supplied)

It was those "unjustified" blows toAbdi'shead and body that caused his fatal heart attack, the Crown said.

The Crown called David Robinson, a forensic investigator with Ontario's Special Investigations Unit, as its first witness,but technical challenges inside the courtroom cut his testimony short before the court wasadjourned for the day.

Eyewitnesses to testify

Montsionwore dark sunglasses as he entered and exited the Elgin Street courthousewith the president of the Ottawa Police Association, MattSkof, by his side.

Skofis supportingMontsionduring the trialand staying on as police association presidentdespite criminal allegationsofbreach of trust and obstructing justice against him.

Eight eyewitnesses are scheduled to testify atMontsion'strial, most of whom watchedAbdi'sarrest from the apartment building onHildaStreet where the altercation ended.

Others were in the nearby Bridgehead coffee shop where the confrontation began.

Some of the Crown's witnesses are family members who were told to leave the courtroom Monday so as not to taint their testimony, standard procedure in such a trial.

AfterMontsion'sarraignment Monday morning, the Crown and defence asked for an adjournment until 2 p.m. to givethem time to double-check courtroom equipment and prepare materials.

No room for spectators

Upon return,Montsion'sdefence attorney, MichaelEdelson, complainedthat many ofthe police officer'ssupporters couldn't get a seat inside the crowded courtroom, a problem he framed as aconstitutional issue.

The courtroom set aside for the trial hasa capacity of 41 people not enough room forall the reporters, Abdi's family members and supporters, andOttawa police officers who wanted to attend first day ofproceedings.

Justice Robert Kelly, who was brought in from the Toronto region, said he plans to address the issue and move the trial to a larger courtroom.

Twelve weeks have been set aside for the judge-alonetrial. It resumes Tuesday.