3 Ottawa officers accused of mishandling evidence in stabbing case
Three Ottawa police officers are accused of mishandling evidence in a case that led to a serious conviction after a dispute between neighbours over a noisy leaf blower escalated into a brawl and ended with a stabbing in July 2013.
Branka Kraljevic testified during her trial that she stabbed one of three men beating her husband in their front yard with a two-pronged kitchen knife to stop the attack. She was found guilty of aggravated assault and assault with a weapon but has since appealed the convictions.
Her husband, Bruno Kraljevic, was left with a fractured ankle, a bloody nose and bruises after the fight. He was charged with assault in the same case but found not guilty.
The Kraljevics complained that the police investigation was inadequate and biased.
Ottawa Consts. Emmanuel Svidran, Wayne Wilson and Katherine Plomp were charged with neglect of duty under the Police Services Act, and were before a disciplinary hearing on Tuesday.
Svidran, who faces two charges of neglect of duty, is accused of failing to review the contents of a camera that included photos of the dispute and Bruno Kraljevic's injuries. He is also accused of failing to photograph Bruno Kraljevic's injuries and failing to document all the items seized at the scene.
Wilson and Plomb, who face one count each, are accused of failing to ensure the chain of continuity of evidence, and not properly storing and reporting items seized.
All three have pleaded not guilty. The hearing is expected to continue through Friday.
'These people are killing me'
Justice Matt Webber found in his March 2015 ruling that Branka Kraljevic was "riddled with concern for her husband and overwhelmed by fear" on the evening of the stabbing. But Webber ruled that her use of force was not reasonable because the man she stabbed was no longer beating on her husband when she stuck the knife in his leg.
Webber found that "the behaviour of adults devolved to childishness and inexplicable aggression" in an otherwise quiet and peaceful Ottawa neighbourhood.
A backyard family party was underway in honour of Christian Paquette's 33rd birthday when Bruno Kraljevic decided to do some yard work around 8:30 p.m., first with a whipper-snipper and next with a leaf blower, the ruling detailed.
Christian and Nicholas Paquette went over to confront the source of the noise, after being told by their aunt, who was hosting the party, that her relationship with the Kraljevic family was tense, the ruling detailed. Their father, Claude Paquette, joined them later.
Webber found that Christian Paquette provoked Bruno Kraljevic with a dandelion.
Though the two sides dispute who threw the first punch, Webber found that the Paquettes instigated the attack and that the three men piled on top of Kraljevic.
Branka Kraljevic, who was inside her house cooking, testified she went outside but was unable to stop the men from beating her husband of 40 years.
She said her husband told her through tears, "Branka, help me. These people are killing me. Pick up a knife. Pick a knife." She went back inside and returned with a knife, at which point she stabbed Claude Paquette deep enough that he required three stitches.
Read Justice Matt Webber's full decision here.
