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A man stopped by police during the G20 protests three years ago was free to go on his way even though he had been handcuffed and placed in the back of a cruiser, a Toronto police officer testified Monday.

Const. Ryan Simpson also told his disciplinary hearing that he never arrested Nicholas Wright, but admitted failing to inform him of his rights when he detained him for investigative purposes.

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“I just absent-mindedly, forgot to advise him of that,” Const. Simpson testified.

I just absent-mindedly, forgot to advise him of that

Const. Simpson did agree it would have been “reasonable” for Mr. Wright to believe he was in fact under arrest and admitted not telling him he was free to leave.

The officer has pleaded not guilty to making an unlawful arrest when he detained Mr. Wright, a lawyer, on Sunday June 27, 2010, the day after Black Bloc vandalism erupted in downtown Toronto.

He said he noticed Mr. Wright cycling quickly between rows of traffic and decided to stop him. He then noticed Mr. Wright had a scarf and swimming goggles around his neck, and was carrying a backpack.