SOMBA K'E/YELLOWKNIFE - An RCMP officer accused of assaulting a person in custody and causing bodily harm is "anxious to clear his name" in an ordeal that's gone on far too long, according to his lawyer.

"He (Const. Jason Muzzerall) has been under a cloud, his career has been under a cloud," said defence lawyer Robb Beeman in territorial court on Thursday.

The matter was in court because the Crown prosecutor, Whitehorse-based David McWhinnie, was requesting an adjournment, but Beeman vehemently opposed it. He said the accusation against Muzzerall has stood long enough. The charges were laid in September following a 16-month investigation.

"It's a disgrace how long this took," Beeman said via teleconference from Calgary.

McWhinnie said some of the delays were due to fellow RCMP officers, who were asked to be witnesses, declining to give statements "until it was made clear by their supervisors that they had to."

Muzzerall's charges stem from an incident on April 18, 2009, in the booking area of the Yellowknife RCMP detachment. Beeman said the whole incident was caught on camera, and took place over just 20 seconds in the presence of five police officers.

He said the video shows Muzzerall and another police officer leading the complainant into a cell, and that the complainant's feet got tangled up and he fell, injuring his head.

"The alleged assault is this man falling to the ground," said Beeman, a lawyer whose practice exclusively deals with cases involving RCMP members.

McWhinnie was requesting an adjournment because a Crown witness, a use-of-force expert with the Calgary police force, couldn't make the Nov. 23 trial date. Beeman argued the Crown witness is "hardly unique in his qualifications" and there are "at least 30" such experts currently working in the RCMP, including one in the NWT who is available next week for this trial.

The witness is not crucial as he is not an actual witness to the event, but just an expert in this area of police conduct, according to Beeman. He said the real focus of the case will mostly be on the video recording of the alleged assault.

Deputy Judge Brian Bruser denied the request for adjournment, saying he was concerned whether evidence from the witness in question would even be admitted. He said it would be opinion evidence concerning police protocol, so he questioned its relevancy.

"This is not going to be an inquiry on whether or not standard police protocol was followed," said Bruser.

He also said the Crown has had plenty of time to find another expert since determining this one would not be available.

The trial is scheduled to go on in territorial court, as planned, starting on Nov. 23.

Muzzerall remains on active duty with the RCMP.

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