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Wednesday, October 24, 2012

Toronto police constable denies kicking diabetic prisoner in the face


Toronto police Const. Mark Kennedy, being tried for assault on allegations that he broke a 61-year-old prisoner’s facial bone by kicking him in the face, testified Tuesday that the kicking motion seen on a video outside the man’s holding cell merely shows him “sweeping debris” with his foot. “It’s moving sideways as it sweeps towards the door (of the cell),” he said of his foot’s movement as his lawyer took him through a frame-by-frame analysis of the video shot two years ago at the 51 Division police station. “The right foot comes around and pushes the debris under the cell door,” said Kennedy. “I never kicked Mr. Romanovitch.”


The 34-year-old crime analyst has pleaded not guilty to one count of assault causing bodily harm. Now 63, Romanovitch is a drug addict with more than 160 criminal convictions and a history of using aliases to avoid the law. On the night of the incident, he was arrested on breaking and entering charges. Romanovitch testified last week that he was having a diabetic seizure and calling out for food when Kennedy approached his cell just before 11:30 p.m. on Oct. 17, 2010. He said Kennedy told him to “shut up” and then kicked him in the face through the gap under the cell door. He claims to have suffered a facial bone fracture.

On Tuesday, Kennedy flatly denied any wrongdoing, and told Justice Diane Oleskiw that he would never treat an inmate like that. “My job gets easier the better I get along with prisoners,” he said. During cross-examination, Crown prosecutor Peter Scrutton suggested Kennedy was frustrated by Romanovitch’s yelling, and that he delivered the kick to make him quiet. “You’re angry he’s making a racket. You walk out, you bend over, line up so you can see and kick him in the face,” said Scrutton. “Absolutely not,” Kennedy responded. “I used my foot to push the debris.”

When asked by Scrutton to specify what the debris was, Kennedy claimed not to remember the incident exactly, but said it could have been anything from a transparent piece of cellophane to “spit.” Defence lawyer Joanne Mulcahy challenged the reliability of Romanovitch’s allegations, pointing out in her questioning of Kennedy that the thin-framed cop with brown hair doesn’t match Romanovitch’s description of the alleged assailant.

Kennedy also claimed he was no longer on shift when two officers visited Romanovitch’s cell after 5 a.m. on the morning following the alleged incident. Romanovitch testified that the person who kicked him was one of those officers. Final submissions from both lawyers are scheduled for Wednesday (Oct. 24).

Metro News Canada
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