Winnipeg Free Press

Winnipeg Free Press (Newspaper) - August 2, 2013, Winnipeg, Manitoba C M Y K PAGE A7 winnipegfreepress. com COURTS FRIDAY, AUGUST 2, 2013 A 7 ALL- INCLUSIVE!! Payment includes all taxes, freight & fees! ONLY $ 250 BIWEEKLY * F- 250 WESTERN EDITION 4X4 CREW CAB STK # C19500 Includes aroundtrip anywhere in Canada or the Continental USA! ^ ALL- INCLUSIVE!! Payment includes all taxes, freight & fees! ONLY $ 330 BIWEEKLY * Includes aroundtrip anywhere in Canada or the Continental USA! ^ MUSTANG SHELBY GT 500 SALE PRICED BELOW A GT!!! STK # C11150 ALL- INCLUSIVE!! Payment includes all taxes, freight & fees! ONLY $ 148 BIWEEKLY * INCLUDES 15 ,000 AEROPLAN MILES! 2013 FUSION SE 6- Speed Automatic, MicroSoft Sync ® , All- New! STK # D19550 ALL- INCLUSIVE!! Payment includes all taxes, freight & fees! ONLY $ 199 BIWEEKLY * Includes aroundtrip anywhere in Canada or the Continental USA! ^ 2013 F- 150 XLT 4X4 SUPERCAB STK # D16970 ALL- INCLUSIVE!! Payment includes all taxes, freight & fees! 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Finance example: $ 10,000 at 4.99% Per annum for 96 months is $ 139.46 per month with a total obligation of $ 13,388.16. Cost of borrowing is $ 2,371.16. ^ Aeroplan ® mile destination calculations approximate and subject to change. See www. aeroplan. ca for more details. WE’VE ALWAYS SHARED OUR PASSION. NOW WE’RE SHARING G O O U U R R P P R R I I C C E E. BIRCHWOOD IS EXCITED TO BE THE ONLY FORD DEALER TO OFFER AEROPLAN ® MILES NOT AN AEROPLAN ® MEMBER? SIGN UP IN SECONDS AT BIRCHWOOD FORD! M ANITOBA’S highest court has ordered a new trial for two RCMP officers found guilty of beating a handcuffed man they were found to have wrongfully arrested. Cpl. Jeffrey Thomas Moyse, 43, and Const. Trevor Ens, 32, had both maintained their innocence during a 2011 trial. But Queen’s Bench Justice Perry Schulman rejected their version of events in finding both guilty of assault. Moyse was then given a four- month jail sentence, while Ens received a fourmonth conditional sentence. Both officers immediately filed appeals, which put their penalties on pause. It also allowed them to hang on to their careers, as RCMP said they would await the final outcome of the case before making a decision. In a decision released Thursday, the Court of Appeal cited numerous errors made by the judge as grounds to overturn the guilty verdicts and have a retrial. No date has been set. Moyse and Ens testified in their own defence and denied the October 2008 incident in Traverse Bay, about 120 km northeast of Winnipeg. But Schulman said he favoured the evidence of Conley Papineau, who told court he was punched in the face and stomach, kicked in the head and repeatedly thrown around by the accused after being confronted in a bar parking lot. Papineau said Moyse and Ens then threw him in the back of their police car, stopped on the side of a remote highway and continued the attack. Papineau said he didn’t go to a hospital for any treatment because he didn’t want to spend “ 12 hours in a waiting room.” Moyse and Ens admit they questioned Papineau in the parking lot of the Birchwood Motor Hotel because they believed he might have been attempting to drive while drunk. They described Papineau as appearing “ grossly intoxicated” and staggering as he made his way over to a parked vehicle where a friend of his was sitting inside. Papineau, who was not convicted of any crime, admitted he had about three drinks that night on an empty stomach. But Schulman said the evidence didn’t support the claims made by the officers. He said surveillance video of the parking lot showed Papineau displayed no signs of intoxication and appeared respectful of police. Schulman concluded the officers had no grounds to arrest Papineau, and said the officers committed a serious breach of trust. “ They let down the many people who provided letters of character for them,” Schulman said as he read from his written ruling. “ They let down the victim and his family and the members of the community whom they were to serve. “ They let down the RCMP, whose members have a proud tradition of public service. By their conduct, they undermined the administration of justice and placed an extra burden on police officers.” www. mikeoncrime. com Convicted Mounties granted new trial Found guilty of assault on handcuffed man By Mike McIntyre THE province has appointed retired inner- city principal Angeline Ramkissoon to Winnipeg’s new police board and will adopt some new guidelines for background checks on board members. Ramkissoon is the retired principal of Wellington School and a veteran of inner- city education. She replaces Louise Simbandumwe, who raised concerns over whether it was a conflict of interest to ask Winnipeg police to conduct background checks on civilians appointed to its oversight board. That prompted Justice Minister Andrew Swan to ask Manitoba Police Commissioner chairman Rick Linden to clarify the guidelines governing background checks. In a brief report completed earlier this month, Linden said board members should undergo a criminal- record check, a child- abuse and adult abuse- registry screen, reference checks and a “ local indices” check of area police files. Linden also said board members can ask for those checks to be done by an outside police force, preferably the RCMP. Aboriginal leader Leslie Spillett is the province’s other appointee to the Winnipeg Police Board. Simbandumwe has since taken a different provincial appointment. The Winnipeg Police Board, chaired by Coun. Scott Fielding, is one of 11 municipal police boards set up by the province in the wake of the botched police investigation into the 2005 death of Crystal Taman, who was killed when an off- duty officer rearended her at a red light. Retired inner- city principal appointed to police board OCD Centre Manitoba 204- 942- 3331 www. ocdmanitoba. ca A_ 07_ Aug- 02- 13_ FP_ 01. indd A7 8/ 1/ 13 9: 25: 51 PM ;