911 call played in trial of man charged with assault
A call to 911 placed in the moments leading up to a near-fatal altercation in an Oliver park appears as though it may form a basis for the accused attacker to argue he acted in self-defence.
A recording of the call was played in provincial court in Penticton on Thursday at the trial of Afshin Maleki Ighani, who’s accused of the aggravated assault of Bruce Landry on April 19, 2015, in Lion’s Park.
Bruce Landry testified Wednesday he suffered a skull fracture and brain hemorrhage after striking the back of his head on the ground following an unprovoked suckerpunch delivered by Ighani, who had been bothering him and his friends.
One of those friends called 911 as the dispute escalated. On the recording, someone who sounds like then-28-year-old Bruce Landry can be heard yelling, “Get the f**k out! Right now!”
“It’s not exactly a pleasant tone of voice he using. He’s upset,” suggested defence counsel Tony Zipp.
“Yes,” replied Jean Landry, who’s of no relation to the alleged victim, during cross-examination Thursday.
On another part of the recording, a voice Zipp identified as that of his client can be heard yelling, “If you keep pushing, you’re going to get hit.”
Jean Landry denied hearing that, and claimed that although Bruce Landry and Ighani were bumping chests, at no time did Bruce Landry push or strike Ighani. He said Bruce Landry simply gestured for Ighani to quit bothering his friends and go to another part of the park.
Earlier in his testimony, Jean Landry told the court he was sitting in his van as Bruce Landry and Ighani began exchanging words, then disappeared out of view.
Next, “I heard a big clap,” Jean Landry continued, which prompted him to get out of the vehicle to investigate. Behind his van, he found Bruce Landry on the ground.
“He was convulsing and I actually went right to him and tried to wake him up,” Jean Landry said.
He said his friend was unconscious for about 20 seconds, before coming to in a state of confusion.
Bruce Landry “looked at me and said, ‘Where’s my truck?’ (But) the truck was right in front of him,” Jean Landry recalled.
He said his friend then asked repeatedly to use a washroom despite being told the facilities in the park were locked.
“He just kept losing what he was saying,” said Jean Landry.
Bruce Landry, who is from Montreal and had been in the area looking for work as a cherry picker, testified that as a result of the head trauma he has lost his sense of taste and smell, plus suffered memory loss and has difficulties with concentration.
A doctor who examined Bruce Landry at Penticton Regional Hospital a few hours after the altercation testified he ordered a CT scan that showed bleeding on the patient’s brain as a result of a skull fracture consistent with a fall against a hard surface that had the potential to be fatal. The trial is expected to conclude today. Ighani, who’s in his mid-40s, has been in custody since his arrest just minutes after the incident.