TORONTO -- An Ontario judge has upheld the conviction of a Toronto police officer found guilty of assaulting a protester during the city's G20 summit four years ago, but has ruled that the man need not serve any jail time.
Const. Babak Andalib-Goortani -- who sat silently in court as the decision on his case was delivered -- was convicted in September 2013 of assault with a weapon for using excessive force during the arrest of protester Adam Nobody on June 26, 2010.
He was sentenced to 45 days behind bars, though he was almost immediately granted bail pending an appeal.
Superior Court Justice Brian O'Marra has now changed that sentence to one year of probation and 75 hours of community service for Andalib-Goortani.
O'Marra did not provide reasons for his judgment.
In his appeal, Andalib-Goortani had asked for an acquittal or a new trial, but also requested that if his conviction couldn't be quashed that his sentence be changed to a discharge, suspended or that any custodial sentence be served intermittently.
The judge who presided over Andalib-Goortani's trial had found the officer hit Nobody several times with his baton while the protester was already on the ground, surrounded by other officers who were in the process of arresting him.
Nobody was offering minimal resistance and several other police officers were piled on top of him, she found.
The trial judge also said the officer had shown no remorse and noted his name tag and badge weren't visible during the arrest.
Nobody said he suffered a broken nose, a facial fracture and bruised ribs during the arrest.
