Closing submissions in the trial of Barrie Const. Jason Nevill were made in Barrie court Tuesday, May 14, 2013.
Nevill is accused of using excessive force against resident Jason Stern outside the Bayfield Mall in November 2010 – an altercation caught on security camera.
The case has centred on Nevill’s use of force, which the defence argues was appropriate to the situation.
An expert witness for the defence testified that Nevill's actions were consistent with the training police officers receive.
The defence alleges Stern was intoxicated and belligerent, and that Nevill worried about his own safety. He says he was kneed in the groin.
The Crown, meanwhile, calls Nevill's use of force excessive and argues there were no grounds for an arrest in this case.
The Crown alleges Stern was not intoxicated, but had just had a few drinks with friends.
The crown says Stern was coherent enough to realize he had forgotten his wallet and returned to the Bayfield Mall to retrieve it.
That’s when he was stopped by security guards.
Then Nevill arrived. The crown points out that nowhere during the eight-minute security-camera footage can you see Stern knee Nevill in the groin.
Rather, the crown says Stern was beaten so badly he fainted at one point and doesn't fully remember the entire incident.
The defence, however, counters that since the video is not of high quality, the kneeing action may just not be visible.
