BY KEITH LACEY
A 10-second outburst of temper cost Phil Boudreault almost nine months of freedom. The former Olympic boxer pleaded guilty Monday to intimidation and threatening to use violence against two veteran Greater Sudbury Police sergeants during a bail hearing April 20, 2004.
Boudreault had been arrested after being charged with a violent assault against two men at a Valley East bar and restaurant. A judge will rule Jan. 21 on whether Boudreault is guilty of aggravated assault in that matter.
Boudreault uttered the words ?you dead motherf....both of you...witness protection eh? You f..... punks.?
One of the officers Boudreault uttered the words to works full time in a special unit focusing on criminal activity involving biker clubs, said assistant Crown attorney Philip Zylberberg. During the bail hearing, Boudreault was wearing a Hells Angels T-shirt and has acknowledged he?s a member of the Sudbury chapter.
Police had approached Boudreault ?about ongoing matters? and it was obvious he didn?t want that conversation to continue when he uttered the profanities and threats.
Not only did the two officers hear the words, many other people who were in open court did, and the words were recorded on a tape recording device used in bail court, said Zylberberg.
The words and tone used were uttered in a menacing manner that made both officers feel intimidated and charges were laid. Boudreault has remained in custody at the Sudbury district jail since being charged.
Defence counsel Glenn Sandberg said the words uttered are not an issue as it?s obvious Boudreault said what he did, however, the court should consider the circumstances.
?It?s not unusual for people in bail court to not be happy,? said Sandberg.
The fact police had approached Boudreault in an attempt to get information from him and made some offers relating to witness protection obviously upset him, said Sandberg.
?His temper got the better of him for a few seconds,? he said. ?This was a quick outburst of temper...and the words were not uttered in a slow, considered and sinister fashion.?
The words he uttered were more out of frustration than anything, he said. The fact he was wearing a Hells Angels T-shirt at his bail hearing is inconsequential as that was the shirt he was wearing when arrested. The motorcycle club Boudreault belongs to had nothing to do with this
incident and this should be made clear, said Sandberg.
Boudreault wanted to get this matter behind him and decided to plead guilty against his legal advice, said Sandberg.
Zylberberg said the incident can be seen from two perspectives. Obviously, Boudreault was unhappy at the situation and became angry, but from a police perspective, the officers had every right to be intimidated as the words were direct and meant to cause fear.
?The words...could be seen as a bold affront to the administration of justice...that perspective is important,? he said.
Considering all the circumstances, Justice Louise Gauthier of the Ontario Superior Court of Justice agreed the 8.5 months Boudreault has spent in
custody on this matter is more than a sufficient penalty.