Closing Statement

Your Worship, I am representing the crown in this case and have intended to
prove the accused – Mr. David Ocean should not be let out on the bail. Let me
remind you of the key facts of this case. On June 12 th, 2009, at around 22:00
hours, Detective Fantasia was commencing an assignment to make opportunity
drug purchases in the Charles F. Kane Park. This area is known for drug and
other illicit activity. She was undercover and hence, was unarmed. At
approximately 23:30 hours she saw Fredi Friedbrain – a known federal parolee.
They knew each other prior to this case. In 2006, Detective Fantasia had busted
Fredi Friedbrain while he was trafficking drugs for some guy. She believed that
since Friedbrain knew her, he could have blown her cover and put her safety in
danger. Hence, she called Friedbrain and asked him to leave the area but
Friedbrain defied her and told Detective Fantasia that she couldn’t frame him this
time. Detective Fantasia warned Friedbrain that if he does not leave the area,
she would arrest him for suspected parole violation. Detective Fantasia believed
that Friedbrain was violating the terms of his parole by being in this area as this
area was a hot spot for drug purchases and Friedbrain was previously involved in
a drug case. But, Friedbrain still did not listen to her and tried to pick up a fight
with her. Detective Fantasia grabbed Friedbrain and took him to ground in order
to restrain him and arrest him. At this point she heard the accused – Pat O’Brien
yell at her to get off Friedbrain. Fearing that O’Brien would interfere in the arrest,
she told him to stay out of this and that she was a cop. Within few seconds of
saying this, O’Brien tackled Detective Fantasia. She was pushed off Friedbrain.
She jumped to his feet and again told O’Brien, this time mere inches away from
his face, that she was a cop but O’Brien chose to ignore it. And when Detective
Fantasia tried to take her batch out of her pocket to prove that she was a cop,
O’Brien punched her in the face. Constable Ugarte who was a member of an
armed and uniformed cover team for Detective Fantasia saw this commotion and
rushed towards them yelling “police”. When he reached O’Brien he tackled him
and tried to arrest him. O’Brien stopped resisting when he acknowledged that
Constable Ugarte was a cop. During this time, Friedbrain escaped but was
apprehended the next day at halfway house where he was staying. Today, you
heard my two witnesses Detective Fantasia and Constable Ugarte which I
believe left no doubt in your minds of the guilt of the accused. They have stated
facts and not assumptions. You also heard the Defence’s witness Pat O’Brien
and Fredi Freidbrain. My fellow colleague has already proved Pat O’Brien’s
claims that he saw Detective Fantasia beating Friedbrain and that he did not
know Detective Fantasia was a cop incorrect. He said that Friedbrain yelled for
help but as Friedbrain told the court he did not ask or yell for any kind of help.
Moreover, O’Brien said that he acted in self-defence when the fact remains that
at that time Detective Fantasia was unarmed and did not act in any way that
could be categorized as hostile. Instead she tried to tell O’Brien again and again
that she was a cop. Also we saw in the court that Friedbrain bears some kind of
anger towards Detective Fantasia and wishes to harm her. And on that night too,
he tried to pick up a fight with Detective Fantasia. She tried to arrest him on
perfectly lawful grounds and O’Brien’s interruption just led to the Friedbrain’s
escape. Hence, not only did the accused assault Detective Fantasia but also
interfered in her duty as a peace officer. After going through the case I believe
that you all will agree with me that Pat O’Brien intended to assault Detective
Fantasia and due to that, prevented a peace officer from carrying out her legal
duty. The defendant is guilty according to S.265 (1)(a) and S.270 (1)(a) of the
Canadian Criminal Code. And I ask you to find him so. Thank you very much.