By Bob Mackin, Local Journalism Initiative Reporter PRINCE GEORGE CITIZEN
A Crown prosecutor told a B.C. Supreme Court judge on Tuesday, Jan. 28 that a victim鈥檚 testimony and video evidence demonstrate beyond a reasonable doubt that two men should be found guilty of committing aggravated assault and break and enter at a Prince George motel almost two and a half years ago.
During the first of three days of closing arguments, Andrea Norlund said Kerridge Andrew Lowley, 49, and Dakota Rayn Keewatin, 31, took active part in the machete attack on Arlen Chalifoux on Aug. 11, 2022 at the Econo Lodge City Centre Inn.
鈥淭he strength of the Crown鈥檚 case is based on the surveillance video that captures the two accused entering Mr. Chalifoux鈥檚 residence without lawful justification or excuse,鈥� Norlund told Justice John Gibb-Carsley.
鈥淭he surveillance video then shows the two accused exiting, Mr. Keewatin with the machete in hand, followed by Mr. Chalifoux with extensive injuries.鈥�
In addition to the video and Chalifoux鈥檚 testimony, medical evidence and blood pattern evidence leave the 鈥渙nly reasonable conclusion being that the same people who entered Mr. Chalifoux鈥檚 residence were the same people who participated in the assault.鈥�
Norlund said Keewatin was the perpetrator or principal and Lowley a joint principal or party in the attack. She called Chalifoux a 鈥渃redible and believable鈥� witness who testified in a forthright manner, 鈥渋ncluding using more-colourful language than typically used in court.鈥�
She reiterated Chalifoux鈥檚 testimony, including that he used bear spray in self-defence, but Keewatin disarmed him and then proceeded to assault him, using force that was vastly disproportionate to any potential threat posed by defenceless Chalifoux.
The lingering effects of the bear spray may have saved Chalifoux鈥檚 life, because the accused could only stay in the room so long due to the irritating odour.
Norlund conceded that Chalifoux admitted to lying in his initial statements to police, but explained that he was on parole at the time and concerned about being found in breach of conditions. While his testimony included inconsistencies about the timing of events, he did have the sequence correct.
鈥淪o he talks about the trip to Tim Hortons, the arrival of the black truck, his return to the Econo Lodge, the arrival of his customer, the arrival of Mr. Keewatin and Mr. Lowley while his customer was leaving,鈥� Norlund said. 鈥淢r. Keewatin knocked more than once, that he deployed the bear spray, and Mr. Keewatin barges in first, Mr. Lowley goes in second. The two men leave together. He makes his way to the lobby, where he unsuccessfully sought assistance, the arrival of the police and the attendance at the hospital.鈥�
Keewatin and Lowley did not testify during the evidence phase of the trial, which concluded Dec. 5.
During the Crown鈥檚 case, Gibb-Carsley heard graphic testimony from RCMP officers who rushed to the scene and found Chalifoux severely injured and an orthopedic specialist at University of Northern B.C. hospital who described emergency surgery on Chalifoux to repair multiple deep lacerations, nerve, muscle, tendon and bone injuries.
An RCMP drug expert also told the court that the Econo Lodge room contained drug paraphernalia, such as torch-style lighters, a pipe and digital scales, consistent with a trafficking operation.
Lawyers for Keewatin and Lowley will provide their closing arguments beginning Thursday, Jan. 30.
