Halifax police officer accused of assaulting homeless man says victim hit him first

A Halifax police officer accused of assaulting a homeless man last February testified Friday that Patrice Simardpunched him in the right thigh during an altercation.

Const. Gary Basso, 38, is being tried before a provincial court judge on charges of assault causing bodily harm and public mischief.

Basso told the court he was responding to an "unwanted person" call from the Metro Turning Point shelter when he encountered Simard, who was drinking outside the facility.

He tried to get the man to leave but Simardsaid he wanted to be arrested and put in the drunk tank in order to escape the cold.

When Basso refused, the man said he would not leave the shelter.

Police officer says he was struck first

Basso testified he reached out to grab the man's backpack andpull him up to his feet, but Simard dropped all his weight to his ground.

While trying to get the man to stand, "Simard punched me in the right thigh," the officer said.

He admitted he then punched the man in the face "to stop any threat from Mr.Simard." He described it as a "hard strike" using the heel of his hand.

Basso said he told the manhe was under arrest for assaulting an officer and handcuffed him. Simard was taken to cells at Halifax police headquarters.

Basso didn't expect to be charged for his actions that night.

"It was a non-event for me. It was over and done with," he said Friday afternoon in court.

He said he offered his notes from the evening to investigators and even volunteered to take a polygraph test.

"I didn't feel the SIRT [Serious Incident Response Team] investigator believed my version of events," Basso said.

"You're grasping at straws to do anything to clear your name."

He said he believed he would pass the polygraph.

Breach of trust charge dropped

Earlier in the day, Judge LaurelHalfpenny-MacQuarriedismissed a breach of trust charge against the officer. She ordered a directed verdict of not guilty on that charge, as requested by the defence.

A surveillance video showed at the trial, which began in November, showedSimard, from behind, kneeling withBasso facing the camera.

Simardappears motionless after he is seen being struck byBasso's right hand. Basso testified that as he tried to handcuff him, Simard was trying to tug his arm away and that he never lost consciousness. Simard wasarrested for assaulting a police officer and taken to the police station.

Simard, who was 54 at the time of the incident, has multiple previous convictions, court heard.

Man suffered broken nose

Simardtestifiedafter he was released from jail, he spent four days in a shelter he built in awooded area near Bayers Lake, before returning to Metro Turning Point to collect items from a locker.

The manthen wentto a hospital, as he was continuing to experience pain in his head, and tests determined he had a broken nose.

The matter was referred to the province's Serious Incident Response Team for investigation March 4. The independent agency that investigates allegations of serious wrongdoing against policeannounced in April that it had charged Basso.

The police officer was suspended from his job as a patrol officer in March.