A Toronto man accused of a violent assault at a Wasaga Seaside trailer park two years in the past has been discovered not responsible.
Justice Enno Meijers delivered the choice to the accused, Gary Costa, in a digital courtroom in Collingwood on Monday morning.
Meijers acknowledged partially, “Though I’m glad one thing occurred [to the complainant] on Friday night time or Saturday morning, I’m not glad past an affordable doubt that Mr. Costa had something to do with it.”
The three-day trial was held in Collingwood in March.
Costa, 42, was accused of assaulting his neighbour in a Wasaga Seaside trailer park in late July 2022, an alleged encounter that left the person with a mind bleed and severe accidents to his eyes and face.
The defence argued Costa had nothing to do with the brutal assault and insisted an absence of bodily proof confirmed Costa couldn’t have brought on the accidents.
Costa testified throughout the trial he by no means touched the person.
His lawyer, Allison Cormie-Bowins, advised the courtroom the alleged sufferer was neither a reputable witness nor a dependable witness, and accused him of adjusting his story about what occurred and who could have been accountable.
“He has a historical past of mendacity. He has a historical past of violating courtroom orders. He has a historical past of violence, and on this case, we all know that he lied to the police. He modified his tales inside about 24 hours of the incident occurring. We all know that he’s an alcoholic and had a blood alcohol content material of 240 the next morning when he was admitted to the hospital,” Cormie-Bowins argued.
The choose agreed whereas giving his causes for the acquittal.
“I do not know what really occurred [to the complainant,]” stated Meijers. “However he was injured by somebody, or he was impaired and injured himself by falling.”
The choose continued with, “Mr. Costa’s proof merely is sensible to me.”
An image offered at trial exhibits Gary Costa’s neighbour’s trailer in Wasaga Seaside, Ont. (Court docket exhibit)
Through the trial, the Crown argued Costa was enraged by the occasions within the trailer park and vented his frustrations on the man.
“You have been fed up with him and have been going to take issues into your individual fingers,” the Crown accused.
The courtroom was proven a number of exhibit images of a bloody scene inside the person’s trailer. The Crown alleged Costa beat the person and left him bloodied, grabbed a kitchen knife and held it to the person’s eye whereas threatening him.
The defence argued, “Regardless of all the pieces, he has completely no unhealthy blood with Mr. Costa. He both doesn’t bear in mind what occurred, or he’s mendacity, and I do not know which one it’s. And since I do not know which one it’s, neither can Your Honour.”
The courtroom was proven a number of surveillance movies of what seemed to be the person intoxicated, stumbling and falling over.
The defence stated the alleged sufferer suffers from the results of mind atrophy from a historical past of head accidents and potential results of alcoholism.
The choose stated he discovered the complainant’s model of occasions didn’t show past an affordable doubt Costa was liable for the alleged beating and couldn’t depend on the person’s recollection to convict Costa.
