Nanaimo RCMP Cst. Tim Mason was found not guilty of assault causing bodily harm by provincial court judge Brian Harvey on Monday, May 9. (File Photo/NanaimoNewsNOW)

By Ian Holmes

acquitted

Nanaimo Mountie found not guilty of assault causing bodily harm

May 9, 2022 | 4:20 PM

NANAIMO — An excessive force allegation against a veteran Nanaimo RCMP officer has been tossed out.

Tim Paul Mason, 39, was found not guilty of assault causing bodily harm during a Monday, May 9 decision read out by a provincial court judge.

At issue was a punch by Mason to the face of Emily Golobar on Dec. 2, 2018, which judge Brian Harvey determined was an appropriate response to the intoxicated and uncooperative woman.

Surveillance video played during a recent trial showed Mason issuing a single strike to Golobar in a narrow hallway connecting the detachment’s booking area and holding cells.

The then 19-year-old was arrested by the officer for public intoxication prior to the alteration, which occurred while being escorted to a police cell to sober up.

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Judge Harvey said the evidence showed an argumentative Golobar elevated a confrontation by punching Cst. Mason in the chin.

The officer responded instinctively with a strike using his non-dominant hand, judge Harvey concluded.

“Cst. Mason’s response was completely understandable and in my view was also proportionate and reasonable in the circumstances to protect himself from being further assaulted by Miss Golobar.”

Judge Harvey determined Cst. Mason’s punch was not intended at any area or to cause harm.

The Mountie was acting in accordance with his police training and was left with very little choice, the judge said.

Golobar testified she was punched in the eye area by Cst. Mason, causing significant injuries, including a fractured orbital bone.

She was transported to Nanaimo Regional General Hospital.

Judge Harvey described Golobar as belligerent and determined not to cooperate.

“From the booking in area of the Nanaimo RCMP detachment en-route to cells, I accept Miss Golobar’s behaviour moved beyond passive and actively resistant to being clearly assaultive.”

The judge questioned Golobar’s credibility during the trial, including false claims she was handcuffed during her entire time in police cells and she was stripped, including her bra.

Golobar testified she had limited memory of what happened, which Judge Harvey said could have been related to injuries she sustained during the altercation and her intoxication level.

The confrontation between Mason and Golobar was witnessed by several people, including another Mountie who court was told also struggled to contain the complainant.

Cst. Mason’s trial heard he’s an active member of the Nanaimo RCMP’s Serious Crime Unit, who has obtained several Officer in Charge awards.

He is one of the few active members in the Nanaimo detachment accredited to provide use of force training.

The Independent Investigations Office determined there were reasonable grounds an offence was committed by Mason in relation to applied use of force.

The BC Prosecution Service announced a charge of assault causing bodily harm had been laid against Cst. Mason nearly two years following the incident.

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ian@nanaimonewsnow.com

On Twitter: @reporterholmes