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Jason Fields cleared conviction quashed The Acton Free Press Wednesday Jan 25 BS Jason veteran of IB on the police force was cleared of a charge of using unnecessary violence Monday when Judge Stanton Hogg quashed bis conviction He was convicted in December by Halton Police Chief Ken Skerrett at a hearing held under the Police Act and the appeal was launched Immediately He had been reduced to a first class constable County Judge Hogg claimed Police Chief Skerrett based his decision on an erroneous interpretation of the evidence He said a statement by Field was taken by the Police Chief as an admission he struck 20 year old Gary Sparling after a police chase In May 1977 The statement In question according to the transcript of the December hearing came after Roland Sparling RE Acton father of Gary Sparling said I dan t know what I going to do with Is lad I so worried Field testified at the first hearing he replied I know what I do I d give him a cuff on the bead To which Sparling senior replied If you I would have Judge Hogg ruled there was no admission by Fields John Greenwood Fields lawyer claimed Sparling Sr the com merit In bis judgement Judge Hogg pointed out it was not his duty as an appeal court to retry the case since the first tribunal had the opportunity to listen to the evidence and observe the witnesses He said his function was to determine whether Field bad a fair trial and whether the evidence supported the decision and was I believe the appellant had a fair trial was represented by experienced counsel and witnesses were heard stated the judge He said the police force is a para military organization that must be disciplined and senior of obeyed for the protection of the public He said the evidence of Sparling and Robert Mountain view Road Georgetown a passenger In the car must be scrutinized He stated Sparling had been drinking he bad committed a crime of driving at excessive speed running several lights and stop signs attempting to escape and lying to police saying he was not driving Judge Hogg said the evidence was contradictory and pointed out a court must exercise great care and caution in weighing such evidence He said If he were Instructing a jury to look with care at It and to look supporting evidence for such witnesses In my opinion the Chief of Police did that He said the Police Chief in giving his reasons for his decision said the two wit were not lying all the time and said the Chief put credence In the fathers statement which seemed to back up the charge of being struck The judge made no award of costs leaving each party to pay their own John Greenwood lawyer tor Halton Police Association defending Field said the Public Authorities Protection Act put a limit of six months on laying a charge He said the second charge was beyond the time limit Originally the charge laid in October was one of assault but was reduced to un necessary violence in the second charge Greenwood claimed the first hearing under Chief should not have proceeded He said an assault charge comes under the criminal code He claimed the police chief did not have Jurisdiction since the matter was not acted upon within six months He stressed the chief was aware of the objection Doug McConnachle lawyer for Halton Police Com mission claimed Field did not come under the Police Authorities Protection Act when he went beyond the execution of his duty and claimed If he used necessary violence he would be deprived of that protec tion He said if the person thinks he is doing the right thing he would be entitled to the protection of the Act but I can t believe of the execution of duty McConnachie claimed the second charge was not a new one but the same one redrafted Greenwood said the credibility of the witnesses was the crux of the situation It is my submission there aro very substantial errors bounding on recklessness feel he Chief abandoned bis function trying this case He said It must be determined whether or not Field had a fair trial The Judge said it was for him to determine and reminded the hearing the Chief heard evidence and saw the witnesses Greenwood said Sparling lied about driving car arid admitted it and claimed he was hit hard on the temple twice but there were no marks according to the testimony of both his mother and father The only point either noted were his blood shot eyes said Greenwood who stated Sparling admitted to having five beers In one and one half hours seen what happened as be sat in the bock of the car since Sparling was right up against the car and his head would be above the roof Currie testified at the first hearing he saw Field strike Sparling Greenwood Insisted there was no admission by Field In the conversation with Sparling but that the father had misinterpreted the statement He pointed out Field took the father over the route of the high speed chase which ended on a deadend on Ann Street Greenwood said Field was wearing rings and claimed if there had been substantial blows there would have been cuts It is irresponsible to have someone s career fected by Ignoring crystal clear evidence Continuing Greenwood said there was an argument at the first hearing that of ficers should not be convicted on this type of evidence to which replied It unfortunate all lawyers don feel this way It because of lawyers were here today The judge said he did not understand what that meant Greenwood said In his opinion Indicated the police chief felt tbe charges had been brought about by complaints of lawyers He said It indicates to me be was considering outside in terests Greenwood asked the charge be dismissed and the conviction quashed McConnachle said if Sparling evidence was the only evidence he would agree there should have been no conviction He said Sparling lied about driving the car and claiming tbe car was stolen He said Sparling is a confessed liar up to a point but was right about Field using profanity since Field admitted it He a not charged with that commented Ihe judge McConnachie said Sparling Jr was never shaken In his statement that he was struck by Field only on whether it was a fist or open hand The Police Commission lawyer said he was not suggesting Sparling was hammered He said Curries testimony corroborated Sparling to some extent He said he phoned Sparling parents and said he heard someone say Sparling would be In the hospital before the night was over He did phone the parents stated and Sparling went to the hospital before going to the police elation The Judge commented ft showed a great tendency to exaggerate said repeatedly said he saw Field strike Sparling and said he wondered why Field said nothing when said I saw that I saw that Regarding the converstalon between the father and Field McConnachle claimed at first hearing Sparling said you are twisting my words I told you what I said are you questioning my credibility I don t get con fused easily He said Sparling was obviously a fair witness He claimed Fields did not refute the remark or attempt to 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