Hay River (Dec 06/04) - An RCMP corporal who participated in the Nov. 23 arrest of Harvey Werner at the Hay River Court House will not be the one to investigate the incident, contrary to a previous media report.

Cpl. Jim Forsey says the file will be turned over to Cst. Shawn French.

"He wasn't there at the time and is totally independent," Forsey said, noting that, as a corporal, he does not handle case files.

He added that the facts of the incident -- which involved four RCMP officers -- are still being compiled.

Werner questioned the impartiality of an investigation by French.

"It doesn't mean a thing, because he's still controlled by his bosses in town," he said.

No charges have been laid, although Werner says he was given a Jan. 10 court date.

According to Werner, he was arrested after talking to a Crown prosecutor in the court lobby about a case involving his vehicle.

Werner says he called the woman an "idiot" and was then refused access to the courtroom by a sheriff.

"I said, "I'm going in. It's a public space,'" he recalled.

Werner claims he tried to walk around the sheriff and was pushed. "That's when four cops jumped on me."

His cries of "Help me!" interrupted court proceedings.

In fact, the court room emptied when people gathered to watch as he was handcuffed on the floor and taken from the building.

The 62-year-old claims he suffered cuts on the nose and wrist, a pulled shoulder and his hip "went out" because of the incident.

"I've never resisted arrest," he said.

Werner plans to file an official complaint with the RCMP.

Forsey dismissed any suggestion excessive force was used in the arrest.

"I reject that right off the bat," he said.

"There was as much force as was required to do the job without anybody getting hurt."

Werner, who likens himself to an anti-corruption crusader, has long maintained there is a conspiracy against him by the justice system, municipal government and some business people.

Werner was at court to testify in a case concerning the forklift removal of his vehicle from his Woodland Drive home on Oct. 18, 2003.

The trial was eventually held Nov. 26 and charges of mischief and theft under $5,000 were dismissed against Mark Andrew Rowe. The defence argued Werner's car was blocking access to a five-plex.

"The charges against Mr. Rowe were dismissed after Mr. Rowe agreed, through his counsel, to resolve the charges through alternative measures, including restitution," said Crown prosecutor Noel Sinclair.