Daniel Montinson defence:
1) He acted based on the information available to him
2) His approach was reasonable and proportionate
3) He had a duty to act once he was dispatched
4) De-escalation is irrelevant in this case
5) The crown cherry picks eye witness statements. 1/n.
6) Source of his knowledge comes from the Police radio transmissions and being dispatched to a call prior to him arriving.
7) He knew Abdi was fleeing from Cst Weir
8) Cst Weir pepper sprayed Abdi with no effect
9) Cst Weir was tired and out of breath and need of assistance 2/n.
10) The Defence: The CCTV maybe fit for one purpose but not for another.
11) For example a video recording of a ball bouncing can confirm a ball is bouncing but not when the ball bounces.
12) The video must be preferable compared to the witness testimony. 3/n.
13) Frames are being shown when Cst Montsion's cruiser is arriving.
14) Defence is pointing out that Weir is striking Abdirahman as the cruiser stops in the frame.
15) Montison walks into a scene from his cruiser as Weir lines up a kick. Abdirahman blocks the kick.4/n.
16) Cst Weir strikes Abdirahman with a baton and then Cst. Montison is faced with a decision whether to engage or not.
17) Mr. Abdi is actively engaging with Cst. Montison and was not passive as the crown says.
18) Weir is exhausted while Mr. Abdi and Montison are engaging 5/n.
19) The Judge asks the defence where Abdirahman Abdi strikes Cst. Montsion?
20) The defence stipulates there was a strike by Cst. Montison blows to the head and face area
21) The Judge states he has to consider the witness evidence since this portion was consistent 6/n.
22) @ctvottawa ask the Judge if they can make sketches of the zoom call and the Judge agreed.
23) The Defence is discussing the proptionality of the use of force by Cst. Montsion. His use of force is surgical and solves a solution of taking down Mr. Abdi. 7/n.
24) "Lucky for Cst. Montsion, there was a camera."
25) The video should be only used instead of the witness testimonies.
26) Defence takes full issue with the Crowns assertions that it is within the duties of a police officer is to deescalate. 8/n.
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