Adam Nobody Update: Cst. Andalib-Goortani Docked Five Days’ Pay for Criminal Assault
On Friday, October 6, Hearing Officer Lee Ferrier released his decision in the misconduct hearing for Cst. Babak Andalib-Goortani. The officer pleaded guilty to discreditable conduct after he was 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 four 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 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.
In the context of disciplinary proceedings under the Police Services Act, Hearing Officer Ferrier held that the appropriate penalty for Cst. Andalib-Goortani’s criminal conduct is the forfeiture of five days pay. He will now continue his career as a first-class constable in the Toronto Police Force.
Julian Falconer told the Toronto Star that the disciplinary decision is a “stunning result… [b]ut it becomes a lot less surprising when one reads the decision. Not a single line in the 47-paragraph ruling address the impact of the assault on the victim, Adam Nobody, nor for that matter does the decision consider the impact of the officer’s conduct on public confidence in policing. It is a decision devoted entirely to how Const. Andalib-Goortani is a victim by virtue of the assault he committed on Adam Nobody. Assuming public credibility matters, I am at a loss as to how this police complaint system is sustainable.”
Andalib-Goortani Disciplinary Decision, November 6, 2015
R v Goortani Appeal Decision, March 4, 2015
R v Goortani Appeal Decision Addendum, March 4, 2015
Andalib-Goortani Criminal Trial Judgment, September 12, 2013
In the News
Cop guilty of G20 assault won’t be fired — but he loses 5 days’ pay Toronto Star, November 9, 2015
Read more about this case and access other relevant documents here.