Although a sentencing hearing is to be held today (Thursday) for a Belleville police constable found guilty of assault, the case could be far from over.
Quinte News has learned that the Crown has filed a Notice of Appeal with the Ontario Court of Appeal against decisions made by Mr. Justice Patrick Hurley on the charges laid against Constables Paul Fyke and Jeffrey Smith.
The two were charged after an incident in 2019 at Taco Bell on North Front Street in which three officers wrestled Tyendinaga Territory man Mario Baptiste Jr. to the floor. Baptiste Jr. suffered a minor injury.
Fyke was acquitted of assault causing bodily harm while Smith was found guilty of assault and is to be sentenced today.
In its Notice of Appeal the Crown, from Toronto, says Justice Hurley made several errors in law and asks the court to allow the appeal and to find Fyke guilty or to order a new trial. In the Smith matter the Crown asks that his acquittal on an assault causing bodily harm charge be set aside and that a new trial be ordered.
