St. Albert police say they did nothing wrong when they arrested a St. Albert lawyer and his wife in November 2013.
Police filed statements of defence in the two lawsuits brought by James Weary and his wife Robin against two named members of the RCMP, several men referred to as "John Doe," and the RCMP as a whole, saying their arrest was done in accordance with police protocol and the law.
The Wearys are seeking nearly $1 million in damages. In statements of claim filed Aug. 26, 2015, the couple accuse the police of falsely arresting, assaulting, and illegally detaining them as they walked home from the Blind Pig Pub on Nov. 17, 2013.
They further claim the two officers involved made false reports and statements saying the couple were drunk and had to be incarcerated for their own safety.
They claim Const. Christopher Pichach stopped them in an aggressive fashion around 1:30 a.m., accusing them of intending to drive a nearby motor vehicle, and without justification placing handcuffs on James Weary's wrist.
When Weary didn't allow the officer to put the handcuff on his other wrist, the officer called for backup. The Wearys allege the situation escalated, with Pichach hitting Weary in the right temple.
Robin Weary alleges Cpl. C. Takahashi threw her against a police cruiser and twisted her arms behind her back. She says when she told the officer he was hurting her, he replied, "It's supposed to hurt," then threw her into the car.
According to the statements, the Wearys were then put in concrete cells without mattresses or blankets, where they couldn't sleep because of the bright lights. Robin Weary also claims she was forced to undress in front of male police and staff.
They claim they were never read their rights or allowed to contact a lawyer, despite repeated requests. James and Robin Weary are seeking $550,000 and $425,000 in damages, respectively.
According to the statements of defence the RCMP filed, police were justified in stopping the couple for jaywalking across the street while intoxicated. The documents say James Weary was lawfully arrested for public intoxication after he behaved “aggressively and drunkenly” toward Pichach, while Robin Weary was lawfully arrested for obstruction of justice for “wilfully obstructing and assaulting” the two officers.
Police say the two were taken to cells and lodged in reasonable condition, then released later that day.
None of the allegations in either the statements of claim or the statements of defence have been proven in court. A date for a trial in this matter has not yet been set.
