December 23, 2015 - 3:45 PM
PENTICTON - An Osoyoos woman charged with willfully resisting or obstructing a police officer and assaulting a police officer walked away from a Penticton courtroom a free woman today, Dec. 23 after a judge preferred her evidence over that of police.
Judge Roy Dickey handed down a decision of not guilty on both counts against Fiona Galt Munro via video in Penticton Provincial Court. The charges stemmed from a Sept. 28, 2013 incident involving Munro and an officer she had prior dealings with.
Munro was leaving the Sage Pub in Osoyoos on that date when she was pulled over by an Osoyoos RCMP member who Munro knew, but mistrusted. A confrontation developed and derogatory comments were made by Munro. She told Dickey at trial she was dragged on the ground and thrown face first onto the hood of the vehicle. She testified she couldn’t breathe due to force used by one of the arresting officers, and suffered a concussion from the officer’s treatment.
She was charged with obstruction for trying to leave without answering questions and assault after the officer was struck in the ear during the engagement.
A third corporal was eventually called to the scene. Munro asked the officer to save the police cruiser video of the incident, but there was no camera in the police car.
Two witnesses to Munro’s physical appearance following the incident noted bruising around her face, neck and arms, blackened eyes, and other abrasions. Munro’s mother also testified her shirt was dirty and her pants ripped the night she came home following the incident.
Dickey said he did not believe some of the evidence presented by Munro, however he said he believed more took place during the incident than was admitted by police testimony.
Judge Dickey said the extent of Munro’s injuries and bruising was somewhat consistent with evidence given by Munro, and her desire to retrieve video of the event indicated she felt there was something on the recording that would help her.
The judge concluded that although he found “great difficulty” with some evidence presented by Munro, he found her not guilty.
“I feel that justice has been served, and I’m just glad, because I don’t want this to happen to anyone else. I’m just so happy this over now,” a clearly emotional Munro told reporters following the decision..
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News from © InfoTel News Ltd, 2015