Presiding officer in Matthew Mahoney inquest mulling use of force, as final submissions expected - Action News
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Windsor

Presiding officer in Matthew Mahoney inquest mulling use of force, as final submissions expected

Final submissions are set to happen today in the Matthew Mahoney inquest after witness testimony wrapped up on Wednesday, though the presiding officer is left with a question about the inquest's scope when it comes to police use of force protocols.

Counsel for the office of the solicitor general may ask for adjournment depending on ruling

The inquest into the death of Matthew Mahoney could hear final submissions Thursday. (Submitted by Michael Mahoney)

Final submissions are set to happen today inthe Matthew Mahoneyinquest after witness testimony wrapped up on Wednesday, thoughpresiding officer, Daniel Ambrosini, is left with a question about the inquest's scope when it comes to police use of force protocols.

The inquest is looking into the circumstances around which Matthew Mahoney was shotand killed by a police officer in downtown Windsor in spring of 2018.Closingsubmissions are expected to take place Thursday.

After excusing the five-person jury from the room, council for the office of the solicitor general, Deanna Exner,argued the scope of the inquest did not include any indication that would suggest that training on use of force or anything that has to do with use of force would be covered.

"We didn't suggest that other witnesses be called because we thought the scope was a particular scope," she said.

"What I am requesting of you is a ruling on whether, in light of everything I've said and the reminder on scope that we've received, whether the parties are going to be able to make recommendations regarding training and matters that touch use of force."

Exner says she could ask for an adjournment depending on Ambrosini's ruling.

Dan Scott,counsel for Const.AndreMarentette, the officerwho shot Mahoney,agreed with Exner.

"If those questions are permitted, there certainly would have been a series of other questions that would have been asked because it is really calling into question the conduct of the officers involved in the shooting," he said.

Jenny Stephenson is counsel forDr. Abdul Aleen Khan, who testified on Mahoney's prior medical history as histreating physician in Augustof 2017.

"It's something that's really been dealt with in the inquest fairly extensively and the evidence is in now and the jurorshave asked questions about it," she said.

Stephenson said it would not be appropriate to restrict the jury from making submissions based on what they've heard in the inquestbut added that they should always be restricted to making their findings based on evidence.

"I think what may be getting us into trouble here is a technical definition of what is use of force," she said.