The offender, Alan Kumar, sought to reopen his application to stay his conviction or reduce his sentence, alleging excessive force by the arresting officer and a subsequent police cover-up during a 2018 home invasion arrest.
The original application was dismissed by Barnes J. in 2020.
Kumar based his request on newly disclosed McNeil Reports concerning Constable Osborne, the officer in charge, revealing disciplinary actions including a guilty plea to assault and resignation.
The court, Trimble J., dismissed the application to reopen, finding that the new evidence regarding Officer Osborne's misconduct would not have reasonably affected Barnes J.'s original conclusions regarding the use of excessive force or the alleged police collusion, as there was no evidence Osborne was present during the arrest or influenced the arresting officer's actions.
