A former Halifax Regional Police officer’s retrial on a charge of assaulting a homeless man will take place next September.
Gary Basso, 40, punched the intoxicated man in the face, allegedly breaking his nose, during an arrest outside a Halifax homeless shelter in February 2018.
Basso was found guilty in Halifax provincial court in June 2019 of assault causing bodily harm and was sentenced in January 2020 to 90 days in jail, to be served on weekends, and a year’s probation.
The police force fired Basso the day he was sentenced. He had been a member of the force since 2004.
But the Nova Scotia Court of Appeal quashed the conviction in December, saying the trial judge erred in relying on the alleged victim’s interpretation of video of the incident. The Crown had conceded the appeal should be allowed and a new trial ordered.
Lawyer James Giacomantonio appeared in provincial court by phone Tuesday on behalf of Basso.
Judge Elizabeth Buckle scheduled the new trial for eight days beginning Sept. 20. Buckle is conflicted from hearing the case, so another judge will preside in her courtroom.
Basso was dispatched to the Metro Turning Point shelter on the night of Feb. 25, 2018, to deal with a man who would not leave the property after being kicked out of the building for drinking vodka in his bed.
Patrice Simard was on his knees when the officer punched him. The interaction was captured on surveillance video that was played at trial countless times.
Basso testified that he acted in self-defence after Simard punched his left leg and came at him with his arms extended.
Simard told the court he had very little memory of the incident because of his intoxication level. After watching the video at trial, he said it looked like he was just trying to retrieve his backpack, not punch Basso.
Judge Laurel Halfpenny MacQuarrie found Basso used excessive force against Simard that was “neither proportionate, nor reasonable, nor necessary.” She said the video was “the best evidence” presented at trial.
Simard’s explanation was “logical and supported by the movement on the video," the judge said. "I accept that that is what he did and he never punched Const. Basso, nor make any movement towards being assaultive in nature.”
Giacomantonio argued on appeal that the judge erred in using Simard’s interpretation of the video footage to support her reasoning on the central issue of whether Simard had first punched the officer.
Basso, who now lives in Glace Bay, is free on a $3,000 bail order with his wife as surety.
