Latest news with #DanScott
CTV News
5 days ago
- CTV News
‘Highly likely' Windsor cop harassed complainant but no proof of sexual assault: Judge
A Windsor police officer was found not guilty of sexual assault. Staff Sgt Ken Price has been acquitted of four counts of sexual assault laid by a complainant who is a former auxiliary officer. 'Relieved,' is how defence lawyer Dan Scott characterized Price's feelings just moments after Justice Jennifer Myers read her decision. 'The truth of the matter is, had that sort of conduct taken place, someone would have complained,' Scott said. Justice Myers noted in all four alleged interactions, other officers were nearby. 'Here, it seems that there were so many witnesses who could have corroborated (the victims) account and bolstered the reliability of the Crowns case as a whole,' Justice Myers said Wednesday. Between 2011 and 2015 the complainant alleged Price touched her inappropriately on four occasions at the training branch for the Windsor Police Service (WPS). Price was a training officer. The complainant an auxiliary officer at the time. Justice Myers said while she found Price's testimony at trial to be 'dismissive' of the complainant and at times 'self-serving', she said the complainant's testimony, at times, lacked 'common sense'. 'I've found that Mr. Price's evidence does not raise a reasonable doubt but given the frailties of (the complainants) evidence and the lack of corroborative evidence from the witnesses who would have been in a position to observe, I cannot find Mr. Price guilty.' In one of her allegations, the complainant said she was helping Price put on body armour used during training scenarios. She said Price grabbed her wrist, and placed her hand over his crotch where there was no protection from the body armour. Justice Myers rejected that allegation, saying it was clear body armour would automatically have coverage in the mid-section because of how the top and bottom attach to each other. In another, the complainant alleged Price grabbed her buttocks in front of another officer. The judge rejected that complaint as well, ruling there was no way the other officer would have missed the interaction and kept quiet about it as he and the complainant are close friends. 'I'm not finding that (the complainant) lied. I find it highly likely that Mr. Price sexually harassed (the complainant) but that's not what I'm here to decide,' the judge said. 'And even if he likely sexually assaulted her that is not enough for me.' The judge said the Crown failed to prove its case beyond a reasonable doubt. 'There's a 30-day review period with respect to a potential appeal,' Assistant Crown Attorney Nicholas Demontigny told CTV News. 'As with any case, the Crown will be considering whether to proceed on that route and as such, the matter is before the courts, and I can't comment any further at this time.' Demontigny said the complainant was 'not pleased' and 'disappointed' by Justice Myers' decision. 'It was the proper verdict,' President of the Windsor Police Association, Kent Rice said. 'We need to adhere to the principles of assumption of innocence until proven guilty and the integrity of the law and how it works for everyone. It's a process, and nobody is above it.' Price has been suspended with pay from work since the Special Investigations Unit (SIU) laid the charges in June 2024. WPS officials say an internal investigation is underway by the Professional Standards Branch, under the Police Services Act. They won't say when Price can return to work.
CBC
5 days ago
- CBC
Judge will rule today in a Windsor police officer's sexual assault trial
Coming Up Staff Sgt. Ken Price is charged with 4 counts of sexual assault A Windsor judge is expected to rule today whether a Windsor Police Service staff sergeant is guilty of four counts of sexual assault. Justice Jennifer Myers is scheduled to give a verdict in Ontario Court of Justice in the case of Ken Price, who's pleaded not guilty. In the week-long trial last week, only two people testified — Price and the complainant, who claims Price sexually assaulted her when they both worked at the service between 2011 and 2015. Defence lawyer Dan Scott focused last week on the complainant's memory, as she was unable to recall seasons or even years when the alleged incidents happened. The complainant, meanwhile, testified that the incidents were too traumatic to record in her notes. Crown attorney Nicolas de Montigny argued that the woman was "credible and reliable" and "unshaken in cross examination." There is a publication ban on the identity of the victim.
CTV News
7 days ago
- CTV News
$3.2 million lawsuit filed against Windsor police, Chief Bellaire, three officers, and plaintiff's own lawyer
Scene of a crash that sent three people to hospital in the intersection of Lauzon Parkway and Forest Glade Drive in east Windsor on Saturday January 4, 2020. (Photo by AM800's Gord Bacon) A $3.2 million lawsuit has been filed against the Windsor Police Service, Windsor Police Chief Jason Bellaire, three officers, and the plaintiff's own lawyer after a man was wrongfully convicted in a fatal crash. Philip Hayes, the plaintiff, alleges he was convicted of a crime he didn't commit based on flawed police evidence. He is further arguing his own lawyer Dan Scott was 'negligent' in the defence he prepared for Hayes' trial on two counts of dangerous driving causing death. The accident On Jan. 4, 2020, Hayes was driving southbound on Lauzon Parkway when a north-facing SUV 'suddenly and without warning' attempted to turn left onto Quality Way. 'Unable to avoid the collision, (Hayes') motor vehicle struck the Dodge Journey motor vehicle, resulting in the deaths of the two occupants of that motor vehicle,' the statement of claim reads. CTV News learned at trial in 2023, Brett Blanford and Diane Salter were the victims. The investigation According to the statement of claim, Hayes alleges the WPS 'jumped to conclusions' and failed to give Hayes 'the benefit of the doubt' in the ensuing investigation. 'The Windsor police defendants failed to conduct a proper investigation, ignored material evidence from multiple independent witnesses, failed to wait for a competent reconstruction,' the statement concluded. The first officer to investigate, Const. Maria Liu prepared a 'materially inaccurate synopsis' of the accident. She theorized Hayes failed to stop at the red light on Lauzon Parkway at Forest Glade Drive, causing him to strike the SUV. This even though Hayes alleged two independent eyewitnesses told police at the scene the truck proceeded through a green or amber light. Another officer at the scene, Const. Warren Braganza is also named in the suit but it's not clear what role he played in the accident investigation. The reconstruction One of the key pieces of evidence used at trial against Hayes was the report written by Const. Michael Rettig. 'The Police Reconstruction resulted in the wrongful arrest, prosecution, and conviction of (Hayes),' it said. Rettig had only just completed his training in reconstructing serious accidents using crash data recorders (CDR) and analysis of airbag control modules (ACM). 'PC Rettig negligently overlooked an important data category on the CDR report pertaining to the steering angle of the Dodge Journey motor vehicle,' the statement alleges. Rettig agreed with Liu's interpretation of the accident that Hayes' pickup truck entered the intersection illegally causing the two deaths. The suit alleged the physical evidence of the mangled vehicles, eyewitness accounts, and Hayes' own version of the story were all inconsistent with the Police Reconstruction report. The arrest Hayes was arrested at the scene, handcuffed, taken to cells at headquarters where he stayed 'for a number of days', before being released under strict bail conditions. The publication of Hayes' arrest and charges 'publicly embarrassed Philip, despite their (police) own negligence and his innocence.' The lawyer Hayes hired criminal defence lawyer Dan Scott and paid an undisclosed retainer in three installments. The suit alleged Scott never gave Hayes an invoice or a trust ledger for how the money was spent on his defence. Hayes also alleged Scott delegated his defence to unsupervised employees, did not properly prepare Hayes for trial, and the lawyer didn't disclose a 'conflict of interest' having previously represented officer Braganza. Most critically, Hayes accused Scott of failing to hire an independent accident reconstructionist before the trial. The trial Rettig's report would be the main piece of evidence during Hayes' retrial on two counts of dangerous driving causing death in June 2023 in front of Justice Russell Raikes. Raikes found Hayes guilty on Oct. 3, 2023. 'I was surprised to be honest with you,' Scott told CTV News at the time. 'Some of the witnesses where he rejected their evidence frankly suggested that the light was green or yellow, but it appears Justice Raikes rejected their evidence,' Scott said. The retrial After his conviction, Hayes fired Scott and hired a new lawyer, Michael Lacy, for his sentencing hearing. In the meantime, Lacy hired an 'experienced forensic engineer', Barry Raftery, to assess Rettig's reconstruction and provide his own opinion. 'The available evidence is inconsistent with the police theory,' Raftery concluded. 'When the Dodge Journey started to move forward from a stopped position, its steering wheel was already turned sharply to the left.' He also found the SUV was initially stopped facing north on Lauzon Parkway, not on Forest Glade Drive. The retrial Lacy brought an application in March 2024 to vacate the conviction and re-open a trial based on Raftery's findings. Before the May hearing, Rettig was asked to review Raftery's conclusions; the officer ultimately agreed he was wrong. 'At the time of my analysis in 2020, I had just returned from the CDR Analyst course and was still learning all the nuances between different ACMs,' Rettig wrote to the court. 'I missed one (very important) data category on the CDR Report, that being the steering angle.' A second Windsor police accident reconstructionist also verified Raftery's report over Rettig's. In May 2024, Justice Raikes admitted the fresh evidence, set aside the conviction and accepted the Crown request to withdraw the charges. He said Rettig's report was 'fundamentally flawed' and that Raftery's report provided 'a complete change in perspective as to what happened and how it happened.' Justice Raikes commented on the allegations against Scott that he 'could have (and) maybe should have' hired an independent reconstructionist knowing the Crown was relying on Rettig's, but the judge said he was 'not going to send somebody to jail because their lawyer messed up', according to the statement of claim. The lawsuit Hayes' lawyer, Justin Linden, intends to argue his clients Charter rights to security of person were breached by all the defendants. Their actions, the statement of claim alleges, were 'unconscionable, wanton, shocking to the conscience, intentional, deliberate, malicious, high handed, in total and reckless disregard to (Hayes) and, as such, merits an award of aggravated, punitive, and exemplary damages.' As a result of the accident, arrest, bail, trial, conviction, and withdrawal of all charges, Hayes is suffering from 'depression, anxiety, physical and emotional trauma, loss of reputation, stigma, a past loss of income and a loss of competitive advantage.' He is seeking general damages of $200,000, special damages of $1.5 million, and punitive damages of another $1.5 million. He also wants back the money he gave Scott as a retainer. In addition to the errors Hayes alleges the police officers made, the suit seeks to have Chief Jason Bellaire, and its board found liable for failing to hire and train qualified employees. The reaction The WPS (on behalf of Chief Bellaire and the three officers), the Windsor Police Services Board, and Dan Scott have all declined to comment as the matter is before the courts. In a comment to CTV News, the Windsor Police Association said: 'The Windsor Police Association is aware of the civil proceedings initiated by Mr. Hayes and the allegations made against the Windsor Police Services Board, the Police Service, and several of our members. While we cannot comment on the specifics of an ongoing legal matter, we want to express both our full support for the officers involved and our sincere sympathy to the families affected by this tragic incident. Our members perform their duties based on the information available to them at the time of an investigation. They are guided by their training, departmental policies, and the high standards expected of professional policing. Incidents of this nature are often complex and unfold rapidly, requiring officers to make difficult decisions under intense pressure. In this case, our members acted with the intent to uphold the law and protect public safety. We respect the legal process and Mr. Hayes' right to bring forward his claim. At the same time, we remain confident our officers conducted themselves with professionalism, sound judgment, and in good faith throughout." CTV News has reached out to Linden for comment. None of the allegations have been proven in court. - With files from CTV Windsor's Bob Bellacicco.
Daily Record
10-07-2025
- Health
- Daily Record
New bike and scooter workshop opens in the heart of Wishaw
The repair centre is based in the old Heathery Bar building and it's the latest initiative in the area from local community group Socialtrack. A new bike and scooter workshop has opened in the heart of Wishaw. The repair centre is based in the old Heathery Bar building, close to University Hospital Wishaw. And it's the latest initiative in the area from local community group Socialtrack. The facility offers free repairs for the community and is already proving to be a valued local resource. As well as repairs, the new workshop also provides training and employment opportunities for young people aged 16 to 21 through the National Lottery-funded Young Start programme. Dan Scott managing director of Socialtrack, said: 'We deliver maintenance classes for the wider community, along with wellbeing sessions supported by NHS Lanarkshire and Voluntary Action North Lanarkshire (VANL), promoting both mental and physical health.' During his visit, North Lanarkshire Provost Kenneth Duffy was told about exciting plans for a world-class wheeled sports park in Wishaw. Dan added: 'The park will cater to everyone—from beginners to experienced riders—and will be free to use. 'Although we're still in the planning stages, the project has already received strong support from local schools and residents across Wishaw and North Lanarkshire.' Opening the new facility, Provost Duffy said: 'This is a fantastic initiative that brings real benefits to the community—supporting young people, promoting active lifestyles, and creating a welcoming space for everyone. 'I want to congratulate everyone involved for their hard work and enthusiasm in making this happen.' *Don't miss the latest headlines from around Lanarkshire. Sign up to our newsletters here.
Yahoo
07-07-2025
- Yahoo
Sexual assault trial against Windsor police officer starts today
WARNING: This story contains disturbing details of sexual assault allegations, and may affect those who have experienced sexual assault or know someone impacted by it. A trial is set to begin Monday morning where Windsor police Staff Sgt. Ken Price is facing four counts of sexual assault. The complainant is a Windsor police employee, whose identity is protected by a publication ban. In addition to the criminal charges, she also filed an application with the Human Rights Tribunal of Ontario (HRTO) early last year. The HRTO documents outline a number of allegations between 2011 and 2021. None of those claims have been proven in court and the HRTO process is still ongoing. Price 'absolutely denies any wrongdoing' Price's lawyer, Dan Scott, previously told CBC News that his client "absolutely denies any wrongdoing." In 2012, the complainant alleges Price pushed her onto a couch at work and climbed on top of her. Then, Price allegedly spread her legs apart and moved his body between them. "He started to dry hump me like three to four times. I could feel what appeared to be his [penis]," the allegations read. "I barely could defend myself. I felt paralyzed. I felt like I was in shock. I felt numb like I wanted to scream, but I could not," the complainant says in the HRTO complaint. During that alleged incident, the complainant said, a constable and staff sergeant were witnesses. Both names were redacted in the documents. The HRTO documents also call into question when Windsor police first found out about these allegations. In a news release in January 2024 when Price was charged, Windsor police said it "immediately addressed" the situation when they became aware of the allegations. However, the complainant said in her HRTO complaint that several employees either witnessed or were told about what she said happened years before the service said it found out. The Windsor Police Service fought to have the HRTO records kept confidential. But after a four-month process, the tribunal granted CBC News full access to a copy of the allegations, with the names of the complainant and witnesses redacted. More to come. If you're in immediate danger or fear for your safety or that of others around you, please call 911. For support in your area, you can look for crisis lines and local services via the Ending Violence Association of Canada database.
