Regina police officer found not guilty of assault

Regina Police Service officer Colin Magee was found not guilty of assault by a judge in Regina on Thursday.

The 47-year-old corporal was charged following an incident involving a 42-year-old man in the detention area of the police headquarters while Magee was on duty in September 2018.

In his decision, Judge Patrick Reid said Magee felt threatened and was protecting himself. Reid added that Magee wasn’t using excessive force.

The victim did not complain but instead the charge came about following an internal use-of-force review.

The victim did not sustain any injuries, which is why it was a common assault charge rather than assault causing bodily harm.

“(Reid) accepted that the officer was acting in self-defence,” Aaron Fox, Magee’s defence lawyer, said outside the courtroom. “The amount of force used was a minimal amount of force, it was over with very quickly, there were no blows delivered and the prisoner was released.

“We’re pleased with the decision.”

Magee faced a second assault charge, this time against a youth, but for that he received a conditional sentence after pleading guilty in September.

“To some extent, (that earlier plea) probably lends credibility to his position on this one, the fact that on that one, he accepted responsibility for what he did, recognized that what he had done (was) wrong and stood up and took his punishment,” Fox said.

“In this case, he knew why he acted. This was a completely different factual scenario and he was obviously believed.”

Magee, a 17-year veteran of the RPS, was a corporal at the time of the incidents and was placed on administrative duties. Fox said his client has been working for the police service again.

It wasn’t the first time Magee was at the centre of an investigation. He faced a charge and a lawsuit after an alleged assault of a man in December of 2016.

The charge was stayed but Magee was referred to an alternative measures program as part of the mediation process and was reassigned to the detention area in early 2018.

Now that the criminal proceedings against Magee are complete, an administrative review can be carried out by the Public Complaints Commission.