Fri, August 5, 2005
Cop spared jail in videotaped assault
By DEREK PUDDICOMBE, Ottawa Sun
CONST. MARTIN CARDINAL, the rookie Ottawa cop suspended after he was accused of slamming a woman's head on the trunk of his cruiser, was given a conditional discharge, four months probation and 75 hours of community service.
Reading his reasons for yesterday's sentence, Justice Peter Griffiths said there was no question Cardinal was in a position of authority and his conduct -- caught on amateur videotape the night of Nov. 25, 2000 -- was a breach of trust.
"Police in that situation had a clear duty to protect her from injury rather than assault her," said Griffiths. "By his actions, Mr. Cardinal may well have brought the Ottawa police community into some disrepute."
'LAPSE IN JUDGMENT'
However, Griffiths agreed with submissions from Cardinal's lawyer, Michael Edelson, that aside from the officer's "momentary lapse in judgment" he was an upstanding citizen and that the assault was not planned or deliberate.
Since being suspended, Cardinal has volunteered for several community organizations and has completed a masters in sociology at the University of Ottawa.
Griffiths also suggested he felt no need for Cardinal to seek rehabilitation because he was convinced the man would not re-offend.
"It was a momentary assault over in a matter of seconds. It wasn't prolonged and no injuries arose and no injuries were complained of," said Griffiths.
He said the amount of media attention the case has received, including the repeated broadcast of the videotape across the country, has acted as enough of a deterrent to police to make sure a similar incident doesn't happen again.
GUILTY PLEA
Yesterday's sentence brought an end to Cardinal's successful appeal last year after he was convicted, in January 2003, of assaulting Julie Cayer.
To avoid another trial, Cardinal pleaded guilty to assault last month, but the statement of facts presented to the court made no mention of Cardinal slamming Cayer's head on the trunk of the car.
Playing the videotape again, Crown prosecutor Milan Rupic argued Cardinal's actions were a "gratuitous assault" and a case of abuse of public trust and power.
"What's apparent is he saw an opportunity to assault Ms. Cayer."
Another factor in the sentencing was the fact there was no victim-impact statement from Cayer, the woman identified in the video.
Cardinal's troubles began almost five years ago when he responded to an altercation between an intoxicated Cayer, demanding entrance to a low-rise apartment building at 317 Cambridge St., and the building's superintendent.
Although Cardinal's criminal court case is over, he faces a civil suit launched by Cayer in 2001.
Opinion Survey
August 5, 2005
| What do you think about Const. Martin Cardinal’s sentence? | ||
| It was just right | |
17% |
| It should have included jail time | |
45% |
| He’s been punished enough — he shouldn’t have to pay any further | |
38% |
| Total Votes for this Question: 269 | ||
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