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Toronto police accused of using excessive force during arrest

Last Updated: Tuesday, January 8, 2008 | 9:56 AM ET

Two black men say five Toronto police officers used excessive force and racial profiling during a downtown arrest nearly two years ago — and they have the tape to prove it.

Irshad Ahmed and Omar Betty are on trial for failing to stop and obstructing police. They want charges against them thrown out.

The pair maintain that when they were stopped by police in February 2006, they were willing to co-operate. 

Police pulled over Ahmed and Betty as they left the Entertainment District in a Cadillac Escalade.
 
Betty immediately called his lawyer and the sounds of the arrest were captured on his lawyer's voicemail.
 
On the tape, played in court, Ahmed sounds like he is obeying police orders to get out of the car. "I'm coming out sir. I'm opening the door," he says.
 
Police smash the window and use a Taser on Ahmed.

Five officers dragged Ahmed out of the car and handcuffed him on the ground.

Const. David Rubini testified that this was a high-risk take-down, a dangerous situation for officers.
 
There had been reports of an assault and a vehicle of the same description had already refused to stop for police. Rubini said Ahmed failed to comply with police demands to turn off the engine and get out of the car.
 
"They absolutely overreacted and they absolutely used more force than was required in the situation by Tasering him," said Emma Rhodes, Ahmed's lawyer.

Voices uttering threats are heard at the end of tape, while Ahmed was already handcuffed and on the ground. None of the officers recall who said what.

The trial continues.

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