Police officer to get new trial

BY KEITH LACEY

A veteran Sudbury police officer hugged his parents Monday minutes after being granted a new trial after being convicted two years ago of assaulting a woman he was dating.

Justice Bourke Smith of the Ontario Superior Court of Justice squashed convictions registered against Const. Glenn Greenough and ordered a new trial.

Greenough was convicted in the fall of 2004 and sentenced to one year of probation in February of 2005.

Justice John Keast found Greenough guilty of assault after Greenough admitted to picking the woman up, placing her over his shoulder and attempting to place her inside his vehicle during a date the evening of May 10, 2003.

Greenough, 40, testified he was trying to protect the woman and was worried about her safety because she had been drinking.

The woman testified she was trying to get away from Greenough and walk home when he picked her up without her consent and used force to place her inside his vehicle.

Defence counsel Gregory Lafontaine argued Monday a new trial should be ordered because much of the key evidence presented during the original trial came through agreed statement of facts by the complainant and a Good Samaritan who arrived on the scene.

The efforts to speed up the trial by allowing the agreed statement of facts jeopardized Greenough’s efforts to receive a fair trial because defence lawyer Ted Conroy was only allowed to cross-examine her on certain parts of her testimony, Lafontaine argued.

“We should start all over again,” he said.

Tom Fitzgerald, who prosecuted the case, argued there was no contradiction from Greenough or the complainant about what happened, and the case boiled down to whether or not this accused was justified in picking up the woman and forcing her into his car.

The original trial judge ruled he didn’t believe Greenough’s versions of events, the trial was eminently fair and the convictions should stand, he said.

Smith said no one involved in this case did anything wrong, but he was of the opinion this accused should get a new trial.

“Every trial has to be viewed as fair” and in his opinion, this accused did not receive a fair trial considering key evidence was entered through statements that were not placed under full cross-examination.

A new trial date will be set Sept. 6.

The woman testified Greenough was “very angry” and upset that night because of what had happened inside a South End bar.

She was trying to run away from him when he picked her up against her will, she said.

When he stopped and she left the car, he was “very concerned for her safety” so he approached her and placed her over his shoulders, Greenough testified.

“I wanted to take her to the car to bring her home safely,” he said.

Keast said Greenough’s version of events was not believable or credible and found him guilty.

Greenough returned to full-time duties as a police officer with the Greater Sudbury Police several months ago.

The new trial isn’t expected to begin until late this year or early next year.