Nobody suffered a broken nose and a shattered cheekbone during his arrest in late June and later filed a brutality complaint against Toronto police.
On Tuesday, Toronto lawyer Mike Leitold said he wants to get his hands on the documents prepared by the province's Special Investigations Unit when it was investigating Nobody's complaint — because two of the officers involved in Nobody's arrest are also alleged to have beaten his client, Abbas Jama, 25.
Jama is on trial on weapons offences. He was arrested in June 2009 by two undercover officers — Todd Story and Luke Watson.
Jama alleges he was beaten by Story and Watson during his arrest.
In court it was revealed for the first time that the SIU investigated those same two officers in the Adam Nobody case. Nobody alleged that he was beaten twice by police on June 26.
One scuffle was caught on camera and a Toronto police officer has been charged in connection with that alleged assault. But Nobody says he was then taken to another obscured area and that's where he says undercover police continued beating him.
Propensity for violence
The SIU investigated but said it did not have any corroborating evidence and did not lay charges.
Lawyer Leitold said the alleged attack on Nobody and the alleged attack on Jama point to "a pattern of police brutality in a strikingly similar method ... and that the documents might show a propensity for violence."
But the Crown and five other lawyers representing the SIU and the Toronto police are opposed to releasing the documents.
Crown lawyer Danielle Scott said with Jama the officers "used three to five distractionary punches to handcuff Jama, as is necessary when someone is resisting."
Justice Rob Clark said he'll deliver a decision later this week on whether the SIU's documents will be disclosed.