EDMONTON - The restraint and arrest of a 60-year-old man by three Edmonton police officers was violent enough for the head of Alberta’s Serious Incident Response Team to recommend criminal charges against the officers but prosecutors have decided not to proceed with the case.

“Some may conclude the use of force here was excessive, and some may conclude that it was not excessive,” assistant deputy minister of criminal justice Greg Lepp said, speaking to the media Monday about the Crown’s decision. “As I say, it was a difficult case for the Crown to analyze, and ultimately there was doubt, and that doubt was resolved in favour of not prosecuting the accused.”

The excessive force allegations stemmed from an incident at Top Meat Wholesale Cash and Carry in August 2011, after police got a 911 call about a confrontation between two men, one of whom was potentially armed with a meat hook.

Arriving at the scene, the three officers forcibly arrested business owner El-Sayed ‘Sammy’ Sobieh, who alleges he was then assaulted three different times: inside the business, outside on the street, and then at police cells. Part of the incident was captured on video.

On Monday, Sobieh described the officers as “thugs,” and said the decision not to lay charges against them was “disgusting.”

“I live with it every single day ...,” he said. “I was down on the ground and they wouldn’t stop. They were beating me up, and that is hard on a man. It’s very hard on a man.”

Sobieh himself faced charges of assault, possession of a weapon and uttering threats after the incident, but the charges against him were stayed last week.

ASIRT executive director Clif Purvis said his investigation led to him to conclude there was a “reasonable suspicion” the police officers had committed a criminal offence, but when the charge went to the Crown in Calgary for consideration, prosecutors opted not to proceed with charges.

Purvis admitted it doesn’t help confidence in the justice system to have the Crown and ASIRT disagree on whether charges should be laid, but he stood behind his part in the investigation.

“My role in this was to try and determine the truth. I’m satisfied that we conducted a very independent and thorough investigation ...,” said Purvis, himself a former Crown prosecutor. “The process we have in Canada is a good one, and I respect the decision (of the Crown). Whether I agree with it or disagree with it, frankly doesn’t matter.”

Lepp said the case was reviewed extensively by the Crown, including three Calgary prosecutors whom he described as among the most experienced in the province. Lepp said the prosecutors were unanimous in finding the case did not meet the Crown’s standard that there be a reasonable likelihood of conviction, a standard he said is different and higher than ASIRT’s.

He said it’s important to remember that the case “is not without doubt,” and said the benefit of the doubt always has to be given to the accused.

Lepp also said it is “not responsible” to made decisions on the case based only what appears on the video. He said the case had to be considered from the perspective of the officers, who he said were entering a meat shop that was “potentially full of weapons” and dealing with Sobieh, who was “unco-operative at the time and was belligerent to the police.