Adam Nobody Appeals Andalib-Goortani Penalty
On behalf of Adam Nobody, lawyers Julian Falconer and Marc Gibson from Falconers LLP have filed a request for leave to appeal the penalty imposed in disciplinary proceedings against Cst. Babak Andalib-Goortani of the Toronto Police Service. The officer was penalized five days’ pay and allowed to remain a First Class Constable on the police force.
Cst. Andalib-Goortani pleaded guilty to discreditable conduct after being convicted of criminal assault with a weapon in the course of his duties during the G20 protests in 2010. He struck unarmed protester Adam Nobody with his baton while Mr. Nobody was held down and already receiving punches, kicks, and knee strikes from a group of other officers.
The trial judge held that the blows struck by Cst. Andalib-Goortani were not proportionate or necessary. She also found that his testimony at the criminal trial, where he stated that the strikes were in response to Mr. Nobody’s alleged resistance, was an after-the-fact justification for the assault. It took investigators over five months to identify the officer, who was not wearing mandatory identification tags at the time. Cst. Andalib-Goortani remains on probation from that conviction and is subject to a no-contact order with respect to Mr. Nobody.
Mr. Nobody’s factum on the request for leave to appeal alleges that the adjudicator of the disciplinary proceedings made a number of legal errors in determining the applicable penalty, including a complete failure to consider the impact of Cst. Andalib-Goortani’s criminal assault on the victim, Mr. Nobody, or on public confidence in policing.
Factum of the Complainant, Adam Nobody January 6, 2016
In the News
Protester seeks sterner punishment for G20 cop found guilty of misconduct Toronto Star, January 7, 2016