Ottawa man testifies he received ‘flurry’ of punches in unprovoked attack by off-duty Windsor police officer

An Ottawa man testified Monday he received “a flurry of right-hand punches” to his face from an off-duty Windsor police officer in a bar bathroom in 2023.

Donald Conner, a 45-year-old commercial insurance broker, was in the witness box on the first day of the trial for Sgt. Deler Bal in Ottawa.

Bal has pleaded not guilty to two charges of assault and one count of assault causing bodily harm at the judge-alone trial in the Ontario Court of Justice.

Conner accuses the officer of assaulting him in the bathroom at the Prohibition Public House on the evening of Sept. 23, 2023. 

The altercation happened one day before the Windsor Police Service posted a photo on social media of a group of officers in Ottawa to observe the Canadian Police and Peace Officers’ National Memorial Day.

Conner testified he was meeting his girlfriend and her sister at the bar that evening. He said he quickly greeted them inside and then went straight to the bathroom on the second floor.

While they were also at the bar, his partner and her sister testified they didn’t see the altercation that led to the assault charges.

Interaction began at bathroom stall, court told

Conner said he went to the stall, sat down and noticed the locking mechanism was broken, so he used his left hand to hold it closed.

Roughly a minute and a half after Conner entered the bathroom, Bal could be seen on surveilance footage wearing a hoodie and walking in the same area. That’s when Bal attempted to enter the only stall in the restroom, Conner said.

“Whoa, I’m in here,” he testified he said in that moment.

“‘Then you should learn how to lock the door,'” Conner quoted Bal as saying in response.

After exiting the stall, Conner said, he went to wash his hands and noticed Bal was at the urinal and on his phone.

“‘I gotta go. Somebody’s trying to f–k with my call,'” Conner testified he heard Bal say out loud.

Conner said he didn’t react or say anything.

Then, Conner said, Bal stated, “‘Oh, you’re the guy who doesn’t know how to lock a door.'” Conner said he then told him the stall door was broken in a joking manner, and encouraged Bal to go see for himself.

Man says accused gave ‘aggressive order’ to leave bathroom

According to Conner, Bal declined and said, “‘You can leave now'” while pointing at the door.

“It was an aggressive order,” said Conner about Bal’s comment.

Conner testified he didn’t say anything or make any gestures, other than his eyes squinting in confusion.

“That moment of confusion lasted half a second because the next thing I knew, I was receiving a flurry of right-hand punches connecting with my head and face,” he said.

Conner, who was 6 feet tall and roughly 240 pounds at the time, said he never fought back during the altercation.

Bal’s defence lawyer pointed out his client was smaller in height and weight than Conner at the time.

Conner also said he goes to the gym twice a week and did “cardio boxing” more than 10 years ago that wasn’t for sparring.

During the altercation, he testified, “I yelled at him to stop, stop, stop, and each time, progressively getting louder and louder while my arms were up in front of my face trying to limit any of the damage that was coming my way.

“My next words were, ‘I’m not going to fight you,’ and as I said that, it was like the punches increased in intensity and speed now that there was going to be no resistance.”

I had just been attacked and it wasn’t provoked in any way. And it wasn’t right. ​​​– Donald Conner testifies at trial of off-duty Windsor police officer

When asked why he didn’t fight back, Conner said he didn’t want to cause trouble in an establishment he frequented and it was not something he wanted to do as a 45-year-old man.

During the altercation, which spanned a few minutes in the bathroom, Conner said he tried grabbing Bal’s elbows to move him toward the wall so he could leave out the door.

He said Bal’s back moved along the wall and shut off the lights, creating a “pitch black” environment.

“I continue to receive punches, and again I yell out, ‘Let it go. It’s over. It’s done.'” 

Conner made it out of the bathroom and into the hallway, where security camera footage shows Bal punching him in the head before the altercation stops.

That was the last time Conner said he saw Bal and he had had no interactions with him prior to what occurred in the bathroom.

Conner testified he left the bar feeling “scared,” went home and eventually to the police station to file a report.

From there, Conner was taken to hospital, where he said he was told he had two fractures, including one in his sinuses.

“I had just been attacked and it wasn’t provoked in any way. And it wasn’t right,” Conner testified about why he reported the incident to Ottawa police.

He said they interviewed him in hospital and took photos of his injuries including pictures of his hands, the next day.

During cross-examination, Bal’s lawyer asked him about the first interaction, when Bal attempted to open the broken stall.

“I would have liked to hear I’m sorry,” Conner testified.

When asked if Bal did apologize, Conner said, “I’m sorry, I can’t remember.”

The cross-examination will continue Tuesday morning.

It’s unclear if Bal will testify in his own defence and what witnesses, if any, his lawyer intends to call to testify.