As an Edmonton police officer accused of assault and racism returns to patrol duty, three human rights groups are calling for a public inquiry.
“The fact that Constable (Nathan) Downing — who has a history of using excessive force during arrests, and who arrested a key witness just prior to his own disciplinary hearing — has been permitted to quietly return to active duty is incredibly concerning,” said Mustafa Farooq, executive director of the National Council of Canadian Muslims (NCCM), in a joint news release issued Monday with the Canadian Anti-Hate Network and Hate Free Yeg.
“It means that there is a fundamental issue with the investigative process here.”
Downing — who was previously convicted of using unlawful force under the Police Act in a separate incident — is accused of using Islamophobic language and excessive force on handcuffed suspect during a March 2015 arrest.
The arrest left Nasser El Hallak with facial fractures and other injuries.
A disciplinary hearing for Downing was adjourned in May after a key witness to the alleged assault testified that Downing had arrested her two weeks before she was scheduled to testify. Crystal Fox was charged with driving with a suspended license.
The revelation prompted NCCM and other rights groups to call for Downing’s re-assignment.
The inquiry would be conducted under the public inquiries act by an appointed commissioner, Farooq said.
The goal is to make recommendations such as how to deal with the status of an officer facing such allegations and setting parameters to ensure witnesses of alleged police brutality are not interfered with, he added.
Stop not targeted
Downing, who went on pre-approved leave while police investigated the allegations against him, returned to frontline patrol duties at the end of June.
“I am limited in what I can share given the ongoing Professional Standards Branch investigation, but I can tell you that the investigative steps to date show that the traffic stop conducted on Ms. Fox was not targeted,” spokesperson Cheryl Sheppard wrote in an email to CBC.
“As a result, Const. Downing has returned to his regular duties.”
Bernie Farber, Chair of the Canadian Anti-Hate Network, said Downing’s matter has been mismanaged.
“Given all the mistakes made during the course of this case an inquiry would both bring answers and give needed direction for the future,” Farber said in the news release.
At the disciplinary hearing in May, Nasser El Hallak said the 2015 arrest left him with facial fractures and nerve damage to his face and hand.
Downing, who denies the allegations stemming from the 2015 arrest, said he delivered one punch during the struggle to subdue El Hallak.
‘Public deserves to know’
In Monday’s news release, Bridget Stirling with Hate Free Yeg said the decision to allow Downing to return to patrol duties “harms the sense of trust and safety for marginalized communities in our city.”
Edmonton lawyer Avnish Nanda said the allegations undermine the public’s trust in the ability of the Edmonton Police Service to investigate the conduct of its officers.
“It is deeply disturbing and frankly suspect that Constable Downing would stop and charge the main witness testifying against him,” Nanda said.
“The public deserves to know why the EPS and Constable Downing made the decisions that it did, and why Constable Downing happened to stop and charge the witness right before his disciplinary hearing.”
In an unrelated disciplinary hearing in September 2015, Downing was found guilty of unlawful or unnecessary exercise of authority after hitting a fleeing suspect with his police van. The suspect’s ankle was broken.
Downing’s partner that night, Const. Nicholas Talvio, also faces charges at the disciplinary hearing, which is scheduled to resume on July 24.