'Canada deserves better ... you should be ashamed of yourselves,' men told after jury's assault verdict
Feb 26, 2009 04:30 AM
Comments on this story (3)
Betsy Powell
Courts Bureau
The Canadian military should take a "sober second look" at the continuing affiliation of three "callous" and "cowardly" reservists after they were acquitted yesterday of aggravated assault, a visibly angry judge said after excusing jurors from his courtroom.
"Your behaviour was nothing short of disgraceful," Superior Court Justice Robert Clark thundered.
After retiring Tuesday night, the jury returned late yesterday afternoon and found Ryan Crossman, 23, Ryan Livesey, 23, and Sean Jones, 21, not guilty.
While noting a jury's verdict reigns supreme, Clark said he had also listened as the men testified during the two-week trial.
And what the judge said he heard were accounts showing the three men had little regard for the sanctity of human life because each admitted leaving Hesam Zeinal-Zedeh, 25, lying unconscious on Richmond St. W. with a fractured skull.
Prosecutor Lorna Spencer alleged that the injury was the result of a "vicious three-on-one fight."
But each denied starting the altercation. They blamed Zeinal-Zedeh for being the aggressor because he was miffed that one of them had asked his then-girlfriend, Nasim Mahani, for directions. They testified Zeinal-Zedeh punched Jones in the back of the head, prompting Livesey to swing at him and knock him to the ground.
The defence argued he had fractured his skull when he hit his head on the pavement and not from the kicks to the head the prosecution alleged the men had delivered.
"Canada deserves better ... you should be ashamed of yourselves," Clark told the three as they stood silently in front of him.
Clark said defence lawyer Michael Owoh made a wise decision not to introduce photographs of the men taken earlier in the evening because then the jury would have seen them for what they were, "a gang of drunken louts."
The three naval reservists had just completed basic military training at CFB Borden, north of Toronto, the day before they took in a Blue Jays game and headed to the Entertainment District.
During the trial, Zeinal-Zedeh and Mahani testified they were minding their own business sharing a sandwich when they were approached by three men around 11:30 p.m. on July 14, 2006. Both testified the trio warned the couple they were military personnel.
Clark said he was appalled the three had tried "intimidate" the couple by "boasting" about being in the military.
Zeinal-Zedeh, 25, is a renovator from Richmond Hill. He spent five days recovering in hospital, suffered severe memory loss and for months walked with a cane.
After Clark finished blasting the men, they hugged their parents and shook hands with their lawyers before leaving the court.
http://www.thestar.com/article/593269
Feb 26, 2009 04:30 AM
Comments on this story (3)
Betsy Powell
Courts Bureau
The Canadian military should take a "sober second look" at the continuing affiliation of three "callous" and "cowardly" reservists after they were acquitted yesterday of aggravated assault, a visibly angry judge said after excusing jurors from his courtroom.
"Your behaviour was nothing short of disgraceful," Superior Court Justice Robert Clark thundered.
After retiring Tuesday night, the jury returned late yesterday afternoon and found Ryan Crossman, 23, Ryan Livesey, 23, and Sean Jones, 21, not guilty.
While noting a jury's verdict reigns supreme, Clark said he had also listened as the men testified during the two-week trial.
And what the judge said he heard were accounts showing the three men had little regard for the sanctity of human life because each admitted leaving Hesam Zeinal-Zedeh, 25, lying unconscious on Richmond St. W. with a fractured skull.
Prosecutor Lorna Spencer alleged that the injury was the result of a "vicious three-on-one fight."
But each denied starting the altercation. They blamed Zeinal-Zedeh for being the aggressor because he was miffed that one of them had asked his then-girlfriend, Nasim Mahani, for directions. They testified Zeinal-Zedeh punched Jones in the back of the head, prompting Livesey to swing at him and knock him to the ground.
The defence argued he had fractured his skull when he hit his head on the pavement and not from the kicks to the head the prosecution alleged the men had delivered.
"Canada deserves better ... you should be ashamed of yourselves," Clark told the three as they stood silently in front of him.
Clark said defence lawyer Michael Owoh made a wise decision not to introduce photographs of the men taken earlier in the evening because then the jury would have seen them for what they were, "a gang of drunken louts."
The three naval reservists had just completed basic military training at CFB Borden, north of Toronto, the day before they took in a Blue Jays game and headed to the Entertainment District.
During the trial, Zeinal-Zedeh and Mahani testified they were minding their own business sharing a sandwich when they were approached by three men around 11:30 p.m. on July 14, 2006. Both testified the trio warned the couple they were military personnel.
Clark said he was appalled the three had tried "intimidate" the couple by "boasting" about being in the military.
Zeinal-Zedeh, 25, is a renovator from Richmond Hill. He spent five days recovering in hospital, suffered severe memory loss and for months walked with a cane.
After Clark finished blasting the men, they hugged their parents and shook hands with their lawyers before leaving the court.
http://www.thestar.com/article/593269
