a judge has dismissed policecharges against University of Toronto grad student and homelessness activist Elan Ohayon.Readers will recall that Ohayon was rousted out of Allan Gardens last fall and charged with assaulting police and resisting arrest.
Ohayon was supporting the homeless in the park on the same weekend the Tories were staging a convention downtown. It came out during the trial Tuesday that the officers had been sweeping for protestors.
Defence lawyer Peter Rosenthal didn't get to make a constitutional challenge supporting Ohayon's right to protest in the park. After hearing testimony from officers who were on the scene, the judge decided that the U of T student didn't have any intention of assaulting the officers and dismissed the charges.
"The judge didn't see that there was a case here, so that was it," says an elated Ohayon.
Ohayon spent three weeks in the Don Jail last fall protesting his bail conditions, which ordered him to stay away from Allan Gardens. The conditions were later dropped on appeal.
Rosenthal says that Ohayon intends to sue the police for, among other things, interfering with his right to protest, malicious prosecution and property damage. Ohayon's video camera was found broken after the incident.