A self-proclaimed freedom fighter represented himself in the continuation of an assault trial on May 24, in a Kelowna Provincial Courtroom.
The accused, David Lindsay, is facing two counts of assault involving former Paladin Security branch manager Jason Davis and Greg Smith, the manager of security with Interior Health.
The alleged assault took place on Aug. 19, 2021, when Lindsay allegedly attempted to enter the Interior Health building at 505 Doyle Avenue, despite being banned from the premises.
Smith was called to the stand as a witness. He told the court that Linsday was not permitted to enter the Interior Health building during an anti-mandate protest that took place on Aug. 11, 2021, and again on the day of the alleged assault, Aug. 19.
Lindsay played video footage of the Aug. 19, incident where Lindsay can be heard telling three security guards, including Davis and Smith, that he has a right to enter the building. The video was taken by his supporters at the protest.
In the videos, Lindsay then appears to step forward, bumping into the security guards.
Lindsay has maintained that he did not assault the men. Rather, Lindsay has told the court on multiple occasions that he was the one who was assaulted.
91裸聊视频淭hey physically blocked my entrance and assaulted me91裸聊视频� They put themselves in harm91裸聊视频檚 way,91裸聊视频� said Lindsay
Lindsay also told the court that he was unlawfully banned from entering the building and it was a violation of his Charter of Rights and Freedoms.
Crown David Grabavac objected, saying that was not relevant to the case at hand.
91裸聊视频淟indsay has a fundamental misunderstanding about the laws of assault91裸聊视频� Blocking an entrance is not assault,91裸聊视频� said Grabavac.
Grabavac then explained that it is the Crown91裸聊视频檚 submission that the ban was lawful.
The trial is focused on the charge of assault, not on the lawfulness of the ban from Interior Health.
Judge Cathaline Heinrichs spoke up multiple times during the cross-examination of Smith.
91裸聊视频淎t no time am I going to decide anything about the ban91裸聊视频� I don91裸聊视频檛 know how I can explain it any more clearly,91裸聊视频� said Heinrichs.
The case is scheduled to continue until May 26, but will likely require additional days to be added due to unexpected delays.
READ MORE: 91裸聊视频楾alk to the hand91裸聊视频�: Kelowna protest leader refuses to participate in assault trial
Jacqueline.Gelineau@kelownacapnews.com
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