889 R. v Bruno Kraljevic and Branka Kraljevic

Transcription

1 889 R. v Bruno Kraljevic and Branka Kraljevic DECEMBER 16, 2014 CLERK OF THE COURT: Order please. All rise. THE COURT: Good morning, counsel. Good morning everybody. 5 MR. DULUDE: Good morning, Your Honour. CLERK OF THE COURT: The Ontario Court of Justice is now in session. Please be seated. THE COURT: Is your client ready to resume his testimony? 10 MR. DULUDE: I believe he is, Your Honour. THE COURT: All right. Come back up here, sir. BRUNO KRALJEVIC, resumes the stand: 15 THE COURT: Good morning A. Good morning. EXAMINATION IN-CHIEF (Continued) BY MR. DULUDE: Q. Good morning, sir. 20 A. Good morning. Q. We were at a point yesterday where you were describing to us what was going on at a point in time when you were in the driveway and I think we left off where - at a point in time when you were hearing your wife. 25 Q. Okay. What can you tell us about that? A. I heard her calling for help. Q. And when you - when you say you heard her, were you able to also see her at that point? 30 I couldn t see her. Q. Okay. While you were hearing her say that what was going through your mind?

2 890 Bruno Kraljevic - in-ch. A. Through my mind was going that that day I am going die. Q. And so what - did you ask her anything or did you tell her anything? 5 I told her to - I told her that they going to kill me. Bring me the knife. Q. Okay. And following that what do you remember happening afterwards? A. That beating continued and awhile after I 10 heard my wife screaming loud Get off my husband. Leave him alone. Q. And were you able to see her at that point in time when she was saying that? A. Not yet because one of them was on my back 15 and two of them on the side holding me and hitting with fist and feet. Q. Okay. And when did that change? A. It changed when - at that point I was on my back, I get off my back, I just feel pressure is not 20 anymore that big and I could go on my knees and my elbows. And I grabbed the guy in front of me by his legs... Q. Yes? A....and I think he fell on the side or his back and I could see in the back at that time. 25 Q. Okay. Are you able to tell us at that point what you re facing? A. I m facing towards street all the time. Q. Towards the street? 30 Q. Okay. And are you able to tell us now who that person was? The person that you were grabbing at the legs?

3 891 Bruno Kraljevic - in-ch. A. That person was a man that pants - black pants with shirt I tore off him. Q. Okay. Are you able to tell us at that point where the other two men were? 5 A. The older guy who was on my back, he was going back towards Branka and the man who was on my right side - I think that point he was already going away. THE COURT: Could you say that again, please? When he asked where the two men were. I just 10 missed that. Something you said towards Branka. Could you go back and repeat that for me? Man who was on my back, the older man, he was going towards Branka. The man who was on my 15 right side, he was already going away. He was - feet away. THE COURT: So the man who was on your back going towards Branka. Male on right was leaving. And what about the other male? Is the other male the male with the black pants? 20 A. He was sitting in front of me - if I remember. THE COURT: Okay. Thank you. MR. DULUDE: Q. At what point in time, sir, do you actually see your wife? 25 A. That was just for couple seconds and then she was backing and that man was going towards her with both hands, grabbing her hands, and she was waving with a knife around him and at one point the knife contact his left side of stomach. 30 Q. And at that point how far are you away from what you re seeing? A. Two-three feet. I m not sure.

4 892 Bruno Kraljevic - in-ch. Q. Okay. A. They were on the angle but I could see clear when the contact was made. Q. And can you tell us what happened after 5 contact was made? A. I was trying to stand up. I just use my whole efforts to stand up but I couldn t because I was exhausted and I - I think that I went back on the driveway and all three, they run off the driveway (ph). 10 Q. What do you remember your wife doing at that point? A. At that point my wife was picking up my phone. Q. And what do you remember her doing with 15 your phone? A. That s one short period which I m not sure what was happening. I was very exhaust and I remember the next she s in the phone and trying to help me stand up. Q. Do you remember her taking pictures of 20 you? A. Yes, I do remember. That was after she finish the conversation on the phone. Q. Do you remember when the police arrived? A. Yeah, I do remember. 25 Q. Can you describe to us what happened then? A. Branka was taking pictures of my injuries and a couple of police officers, I m not sure whether it s three or four, was coming up the driveway and one of them was 30 female police officer. She was ahead and she just told to Branka Ma am, put your hands on the back. Q. Okay. Before that happened at any point

5 893 Bruno Kraljevic - in-ch. in time did you see Branka leave the driveway? A. No, I didn t see her leave there. Q. Did you yourself before the police arrive at any point leave the driveway? 5 I was barely walking. I couldn t walk by myself. Q. Okay. So the police arrived at that point and you re telling us that they arrest Branka? 10 Q. Okay. How do you react to that? A. I told to police officer who was next me why you are arresting Branka, because she saved my life, and I told him that I ask her to bring me a knife to save my life. 15 Q. Did you end up going to the hospital that day? Q. Can you tell us a little bit about that? When did you leave for the hospital? 20 A. I m not sure about the time. There were two paramedics took me to the ambulance and I dunno how long I was inside. They took me to the hospital. Q. Okay. And when you arrived at the hospital did you see a doctor at that point? 25 A. Not right away. I was in the waiting room for a while. Q. Was there anybody there with you at the hospital? A. Was one police officer. 30 Q. Any other family members? Nobody was until I called my son. I ask police officer to call my son because I was worried about

6 894 Bruno Kraljevic - in-ch. my house which was unlocked and my tools were outside. But they didn t know that. Q. So does your son eventually arrive at the hospital? 5 I ask police to give me a phone call and I called my son. He arrive to the hospital. Q. And once your son arrives at the hospital what do you remember him doing? A. He talk to me for couple minutes, what 10 happened, and then he took his cell phone and he took pictures of my back injuries, head injuries. Q. Okay. MR. DULUDE: Madam Clerk, could we see Exhibit Number E, F, G and H, please? 15 Q. Sir, Madam Clerk has just provided you with a number of pictures. If you re able to tell us whether or not you recognize those pictures? A. Yes, I do. Q. Are you able to tell us who took those 20 pictures? A. My son. Q. And are you able to tell us when he would have taken those pictures? 25 Q. Are you able to tell us whether or not he would have taken those pictures that day or the following day? That night at the hospital. Q. Okay. 30 THE COURT: Can I see? Are you referring to all these pictures, sir?

7 895 Bruno Kraljevic - in-ch. THE COURT: Let s just keep this organized, all right, counsel? MR. DULUDE: Yes, Your Honour. THE COURT: So lettered Exhibit E is the picture 5 of your bruised back. Your son took that at the hospital? THE COURT: Next exhibit, Madam Clerk? CLERK OF THE COURT: That will be Exhibit EXHIBIT NUMBER 16: Photo of bruised back - produced and marked THE COURT: Lettered Exhibit F, another picture of your bruised back? 15 THE COURT: Your son took it at the hospital? THE COURT: That will be 17, Madam Clerk? CLERK OF THE COURT: Yes. Exhibit 17. EXHIBIT NUMBER 17: Photo of bruised back - 20 produced and marked THE COURT: Lettered Exhibit G indicating on one side abrasions to your right and left knee? THE COURT: And on the other side abrasion to 25 your temple and your left elbow? THE COURT: Are these all pictures taken at the hospital by your son? A. These two, yes. The other side - yes. I 30 just take a look, please. MS. CUNNINGHAM: Your Honour, I was only given copies of photos on one side of that. I don t

8 896 Bruno Kraljevic - in-ch. know which ones... MR. DULUDE: I think we had concluded, Your Honour, that those were blurry. THE COURT: Oh - okay. 5 MR. DULUDE: Those were taken by Ms. Kraljevic. THE COURT: All right. So on lettered Exhibit G there s a picture of the gentleman s left elbow and left temple which they were the photos that were given to you? 10 MS. CUNNINGHAM: Those ones - okay. Thank you. THE COURT: On the back of that page are abrasions on the knees. Mr. Kraljevic s indicating that they were not taken by his son at the hospital, so lettered Exhibit G will 15 actually be the temple shot and the elbow shot and that will be the next lettered (sic) exhibit. The knee shots are superfluous anyway. We have pictures of those, right? EXHIBIT NUMBER 18: Photo of temple and elbow - 20 produced and marked THE COURT: And there s one more. This is lettered Exhibit H. These are pictures of your abrasions to your knees? 25 THE COURT: These were taken at the hospital by your son? THE COURT: All right. And we all have copies of those, so H will be the next numbered 30 exhibit. EXHIBIT NUMBER 19: Photo of abrasion to knees - produced and marked

9 897 Bruno Kraljevic - in-ch. MR. DULUDE: Q. And, sir, in terms of you meeting with a doctor, are you able to tell us what the doctor - whether or not the doctor was able to identify any injuries that we do not see on the pictures? 5 MS. CUNNINGHAM: Well, I think that question is a little bit too open and invites hearsay. If what my friend is trying to get at is whether there was a fracture to the ankle, that s admitted and I take no issue with that. So if 10 that s what the question was aimed at, I think we can admit that. THE COURT: Yes. Really... MR. DULUDE: Fair enough. THE COURT:...I mean, you could have asked him 15 whether or not he had any injuries or recognized any injuries to himself that were not otherwise depicted in the photograph. But was the purpose of the question the fracture to the ankle? 20 MR. DULUDE: It was, Your Honour. THE COURT: All right. He had a fracture to his ankle. What ankle was it? MR. DULUDE: It was the right ankle. Q. And following the - well, sir, did you 25 stay overnight at the hospital? A. Not - morning, I don t remember exactly what time but was early morning when I was released and doctor also refer me to go to ultrasound because of my kidneys. He wasn t sure did he see anything on my kidneys 30 because the area around my kidneys was injured. But fortunately everything was okay. Q. Okay. Did you do any follow-up after the

10 898 hospital? A. That was - I am not sure - couple days - two days maybe later. Q. Okay. And was there anything else that 5 you had to do following your stay at the hospital? A. In two weeks I went again to hospital because I have a constant headache and that they took CAT scan and they told me that there were not any brain damage. Q. Okay. Did you have to do any other 10 follow-up regarding any of the injuries? A. I had to wait until I get rid of my cast, then I had pain in back and my neck and doctor refer me to go to physiotherapy which last for about five month. Q. Okay. Those are my questions for now, 15 sir. Thank you. CROSS-EXAMINATION BY MS. CUNNINGHAM: Q. Good morning, sir. A. Good morning. 20 Q. Just so that things are clear, I want to make sure that I understand. What you re describing really are two separate and distinct attacks, right? A.... Q. Well, it s not one that flows into the 25 other. There s the initial interaction with... A. Oh - I understand... Q....Christian Paquette, right? Yes. Q. And then there s a bit of a break, a bit 30 of time? Q. And then there s the second, more

11 899 prolonged attack that you say involved all three men. Q. Okay. So throughout my questions I ll be referring to the first altercation or the second altercation, 5 okay? A. Okay. Q. And by the first altercation I mean that initial interaction with Christian Paquette, okay? You see what I mean? 10 A. Yes, I understand. Q. Okay. And then the second one will refer to the longer one that happened that involved all three men, according to you, right? A. Yeah. 15 Q. Okay. You were here yesterday obviously and heard your wife give evidence. We heard your wife say that she s lived through a war. Have you lived through a war too? A. Yes, I did. 20 Q. Okay. And your wife was explaining some of the impact of that on her and she said that as a result of living through the war she s afraid of everything. Did living through a war have a similar effect on you? A. That s very hard to explain. It s hard to 25 understand. Q. Well, would you agree that living through a war did have an impact on you? A. On everybody. Q. And that one of the effects is that it 30 caused you to be more fearful than you were before living through that, right? A. Not necessary.

12 900 Q. Okay. So when your wife described one of the effects of living through the war on her as It made me fearful of everything, you would not say that the same is true for you? 5 A. Not the same. We are not the same person. Q. No. Of course you re not. But you agree that it did have some impact on you? A. I said it would have on everybody. Q. I m not asking about everybody, sir. I m 10 just asking about you. A. I lived that in... Q. Okay. You will agree with me that you ve had many problems with your neighbours over the years, right? 15 Q. No? Q. You ve had some problems with your neighbours over the years? 20 Q. Okay. So how many problems would you say? A. I don t remember. Q. You d agree with me that you don t think that people in your neighbourhood like you, right? I don t agree with you. 25 Q. You don t agree with me? Q. So do you think that you get along well with your neighbours? A. Some of them. 30 Q. Okay. Do you agree with me then there are some people in the neighbourhood that you don t get along with?

13 901 Q. And I m going to suggest to you that your perception that there are people in the neighbourhood who are out to get you, right? 5 Q. No? I m going to suggest it s your perception that there are people in the neighbourhood who dislike you for no reason. 10 Q. Okay. And would you agree with me that you ve had problems with neighbours in the past about noise? A. Yes, I would. Q. And some of those problems are because you felt the neighbours were making too much noise, right? 15 Q. And some of those problems are because other neighbours felt you were making too much noise? A. I dunno what other neighbours felt. Q. Well, did you know that your making noise 20 was the cause of the dispute? A. I never heard say that. Q. Okay. After one of these disputes about noise though, you made a point of researching what the by-law rules were about noise, right? 25 A. Yes, I did. Q. And you learned that the by-laws permitted you to make noise with machinery until 9:00 p.m.? A. It s not correct. Q. Okay. Well, why don t you explain that 30 then. What did you learn? A. I learn that I can use noisy equipment until 9:00 p.m.

14 902 Q. Well, isn t that what I just suggested to you? Q. What s different? 5 A. You said by-law allow me to make noise. Q. Yes. Until 9:00 p.m. with equipment. A. You didn t say with equipment. Q. Okay. So you agree then that the by-law permits you to make noise until 9:00 p.m. using equipment. 10 Q. And so I m going to suggest to you that after you had a problem with the neighbour about noise you adopted an approach where you were going to respect what the law was, right? Do you agree with me so far? 15 A. I always respect the law. Q. But you weren t going to concern yourself with whether you were bothering anyone else as long as you were respecting the law. A. I would never think that I bother anybody 20 by respecting the law. Q. Well, my question though is that you weren t concerned with whether you were bothering anyone, right? You re not right. 25 Q. Okay. So you disagree that following the dispute with your neighbours about the noise you no longer cared about whether you were bothering people with noise? A. Excuse me - I don t understand your question. 30 Q. Yes - sorry. That was a confusing question. A. Very confusing.

15 903 Q. My suggestion to you is that following the dispute with neighbours about noise you changed your approach to dealing with things and at that point you said I don t care if I bother people with noise. If I m respecting the 5 law that s all that I care about. A. I won t agree with that. Q. Okay. So you ve agreed with me that your belief is that there were some people in your neighbourhood that had a problem with you, right? 10 A. I dunno if people have problem. Q. I m asking about your belief. Didn t you believe that some people in your neighbourhood had a problem with you? A. I did not think about that. 15 Q. Well, you told me earlier that you agreed that some people in the neighbourhood disliked you for no reason. Q. Okay. So your belief was that some people 20 in the neighbourhood disliked you for no reason, right? A.... Q. Yes? Q. Okay. But none of the people involved in 25 this case fall into that category, right? A. People involved in this case are not neighbours. Q. Okay. So they don t fall into that category, right? 30 A. They are not neighbours. You were talking about neighbours. Q. Well, Caitlin Armstrong is a neighbour,

16 904 right? A. I didn t know Caitlin Armstrong. First time I met her in the court. Q. Right. So you d agree with me then that 5 she doesn t fall into the category of people that you think dislike you for no reason. A. Now I think she - yes. Q. So now you do think she falls into that category? 10 Q. Okay. And you think that because of the way she testified in court? A. Not the way she testify if you asking me. The way she lie. 15 Q. The way she lied. Okay. And so now you think that Caitlin Armstrong is one of those people in the neighbourhood that dislikes you for no reason? A. I don t think about Caitlin Armstrong. Q. But you just told us a moment ago that you 20 think that she does dislike you now. You ask me and at that moment that was my thought. Q. Okay. So just so we re clear: you now think that Caitlin Armstrong is one of those people in the 25 neighbourhood that dislikes you for no reason. A. I m not sure she s in neighbourhood. Q. Do you agree with the rest of it? A. Whatever I said that I agree - there was agreement and disagreement. 30 Q. Well, I just said: do you agree that Caitlin Armstrong is now one of the people in the neighbourhood that disliked you for no reason and you said I

17 905 don t know if she s in the neighbourhood. Q. So my question now is: do you agree that your belief is that Caitlin Armstrong is now a person who 5 dislikes you for no reason? A. (Pause) I have to think about what I told you. I don t think about does she likes me or dislikes me. Q. I m going to suggest to you that even before July 6 th, 2013 it was your belief that the police were 10 against you. Q. Okay. And I m going to suggest to you that even before July 6 th, 2013 you believed that you were living in fear all the time, right? 15 A. Not all the time but most of the time. Q. Most of the time you were living in fear? Q. What were you afraid of? A. Of any conflict to anybody around. 20 Q. So you were afraid of conflict? Q. I m going to suggest to you the reason for that is because you were getting into a lot of conflicts with your neighbours, right? 25 Q. So why were you afraid of conflict? A. Because couple of times I call police for the help and they did not react in my opinion they supposed. Q. And so even before July 6 th, 2013 you re 30 living in fear most of the time you ve said, right? That s what you just said, right?

18 906 Q. Okay. And you were carrying a camera and a phone with you all the time just in case, right? A. That s right. Q. Just in case what? 5 A. In case someone attacks me that I can prove it. Q. Okay. And so even before July 6 th, 2013 you were carrying a phone and a camera with you in case someone attacked you? 10 A. I m sorry - not phone and camera. A phone always on me. Q. Okay. Not a camera? Camera just was always ready in the house. 15 Q. A camera was always ready in the house? Q. But you didn t try and keep a camera on you? Is that what you re saying? A. Yes, I m saying that. 20 Q. Okay. But I thought you said just a moment ago the reason that you would have them is to document what was happening. A. That s right. Q. So you would document it with your phone? 25 A. Sometimes. Q. Okay. But that was your plan. If you were attacked you were going to document what was happening with your phone. That wasn t my plan. That was 30 precaution. Q. That was - sorry - what? A. Precaution.

19 907 Q. A precaution? Q. But what you told us is the reason you would carry your phone is in case you were attacked so you 5 could document it, right? A. Right. Q. Okay. So your plan was if you were attacked you would use your phone to document that. A. It wasn t my plan to be attacked. 10 Q. No, but your plan was if you were attacked you would use the phone to document it, right? A. I think many people do that. Q. I m just asking about you, sir. Not about many people. That was your plan, right? 15 A. I didn t have any plan. Q. Well, when you carry your phone around with you all the time because of what s going on you must be doing it for a reason. A. I carry my phone as a phone first, and 20 phone has camera and I could use it. Q. Okay. So you just carry your phone because it s a phone then. Q. Okay. You ve made a complaint about the 25 police conduct in this case, right? A. Yes, I did. Q. And in fact, you ve complained about every single officer involved in the case, right? 30 Q. Most officers? A. Most officers. Q. Okay. And in October of 2013 you filed a

20 908 complaint with the Office of the Independent Police Review Director, right? A. Right. Q. And it s a typewritten statement that 5 you ve provided, right? A. Right. Q. That s the complaint and it s seven pages in length? A. M hmm. 10 Q. Okay. Nobody forced you to write this, right? Q. This was your own choice to write this and submit it? 15 Q. Do you have a copy there with you? Q. Okay. I m going to show one to you and ask if you can identify that as your statement. 20 THE COURT: I m going to ask you, Ms. Cunningham, is this cross-examination that s going to be material to the event that took place on the driveway? MS. CUNNINGHAM: It is, Your Honour. There s an 25 account of... THE COURT: All right. Because I m not that interested in hearing much detail about the police complaint. MS. CUNNINGHAM: No, you won t, Your Honour. 30 There s an account of what happened that s contained in there. THE COURT: Fair enough. I m just trying to get

21 909 out ahead of it. A. That s mine. MS. CUNNINGHAM: Q. That s your statement? 5 Q. Okay. And I m going to suggest to you, sir, that this statement is something that you and your wife prepared together. Q. No? 10 Q. So you prepared this alone? With my lawyer. Q. With your lawyer? 15 Q. Okay. I m going to suggest to you that you included information in here that came from your wife. Do you agree with that? A. Yes, I do. Q. Okay. And so you must have had some 20 discussion with your wife then about those things in order to include it in the statement. A. No discussion with my wife. We had discussion with many lawyer. Q. I m sorry - I couldn t hear you. 25 A. We had discussion with many lawyers. Q. Okay. A. Both of us. Q. So you authored this statement, right? 30 Q. And you ve agreed that you included information in there that came from your wife?

22 910 Q. But you re saying that it didn t come directly from your wife to you? Q. It went through a lawyer? 5 Q. Okay. So what you re saying is your wife told the lawyer information and the lawyer told it to you and you put it in the statement? I - we were together and we visited 10 at least 15 lawyers offices and all of them were asking us for our statement. Q. Okay. So you were both describing what happened to the lawyers. Is that what you re saying? 15 Q. Okay. So you heard your wife s version of what happened, right? Q. She heard your version of what happened, right? 20 Q. And after hearing her version you then wrote this statement. Q. Okay. And you ll agree with me that some 25 of what s in there is stuff that you have no personal knowledge of. It s only because your wife said that that it s in there. A. That s correct. Q. In the complaint one of the things that 30 you complain about is you say the police deleted photos of the attack, right? A. Right.

23 911 Q. You d agree with me now though, having heard your wife s evidence yesterday, that all of the photos that she took were on the camera when it was returned to you, right? 5 Q. You disagree with that? Q. Okay. And you didn t take any of the photos yourself, right? 10 Q. And your wife took all the photos? Q. And you heard her testify yesterday looking at the contact sheet of 12 photos that it didn t 15 appear to her that anything was missing, right? You heard her say that? A. I dunno what was her belief. MS. CUNNINGHAM: Sorry - there seems to be something happening in the body of the court, 20 Your Honour. I m just going to pause until that s finished. MR. DULUDE: Your Honour, I m being told and I m trying to remember if that was the case or not, and I m being told that Ms. Kraljevic didn t 25 say precisely that. That there was no photos that was... THE COURT: Well, I think the question was put to your client regarding the digital identification of each photograph that starts 30 with the initial photograph as DSC00844 and ends with a picture of Mr. Kraljevic sitting in a chair bandaged after obviously having been

24 912 treated at DSC00855, all sequentially present. No indicator of one missing. And following up on that your client did say that it wasn t apparent to her that any were missing. She 5 thought she took more but, you know, she allowed that it was quite possible that she did not. And that s how I understood her evidence. MR. DULUDE: Right. THE COURT: Right. So I think your question is 10 fairly put. MS. CUNNINGHAM: Thank you. Q. So do you remember your wife saying yesterday that she didn t think there were any missing from this sheet that had 12 photos? 15 A. No, I don t remember. Q. You don t remember that. Okay. MS. CUNNINGHAM: Can we have Exhibit 15 provided to the witness, please? Q. So these are the photographs that were 20 taken with your camera, right? A. Yeah. Q. And they were all taken by your wife? None were taken by you, right? A. Yeah. 25 Q. Okay. And it s your believe that there are photographs missing from this sheet. Is that right? Q. Okay. And where do you think those photographs are missing from in the sequence here that we see 30 on this sheet? A. I dunno. Q. You don t know.

25 913 Q. Okay. And why is it that you think that there are photographs missing? A. It s because there are many statements 5 saying about taking pictures of altercation. Q. So because your wife told you that she took photos of everything... A. No just my wife. There were some other statements from other witness. 10 Q. So because other witnesses say they saw your wife taking pictures... A. Of altercation and of some other scene which are not on the page. Q. Okay. You re not suggesting though, sir, 15 that your wife was taking pictures while you were being beaten by three men on the ground, right? A. I think that would be very hard but possible. Q. Okay. But you certainly didn t see that, 20 right? Q. And you ve heard your wife never said that she did, right? A. No, she never said that she did but she 25 said that she believed that she did. Q. Well, you heard your wife testify yesterday... Q....and she gave a complete account of 30 everything she did, right? And she never says that she was taking pictures at the point in time where you re on the ground.

26 914 A. No, she didn t say that. Q. Okay. And so you maintain your belief that the police deleted photographs from your camera, right? You maintain that belief? 5 A. I was worry about that. Q. You re worried about that? Q. Okay. Do you believe it happened? A. It s possible. 10 Q. So now it s just possible? A. Not now just possible. It s possible all the time. Q. Okay. But you would agree with me in the complaint you make you don t say that it s just possible. 15 You say there are pictures missing. Q. Okay. A. I believe that regarding information I had at that moment. 20 Q. Okay. Are you less confident about that now? A. No, because I don t have results of OIPRD forensic analyze. They took camera and they said they will analyze camera. 25 Q. Okay. Let s move on to what happened on July 6 th, 2013, okay? Q. You agree that when the two young men initially approach you you have no idea who they are, right? 30 Q. Okay. You ve never seen them before? A. Never.

27 915 Q. But I m going to suggest to you that you knew they were coming from the house on the corner of Fife and Fleming, right? A. Not right away. A couple seconds later I 5 did. Q. Okay. A couple of seconds later you realized where they had come from? Q. And before they even approached you you 10 knew that there was some sort of gathering happening at that house, right? Q. You didn t hear any noise coming from there? 15 Q. You didn t hear any music? Q. No shouting? No laughing? A. Nothing. 20 Q. All right. You had been using your leaf blower? Q. You said that you were using a leaf blower to blow the grass clippings back onto the grass from your 25 driveway? A. That s correct. Q. Okay. I m going to suggest to you that at the time there was also a lot of dust on your driveway from your neighbour s work, right? 30 A. That s correct. Q. So I m going to suggest to you that after you blew the grass clippings back onto the grass you were

28 916 also blowing the dust off your driveway onto the road. I was blowing dust and grass at the same time on both side of the driveway. Q. So you re blowing the dust onto your 5 grass? A. On the grass on both sides of the driveway. Q. Okay. So you didn t blow anything out onto the street? 10 A. Sure I did, because dust is going everywhere. Q. So you did blow some dust out onto the street. 15 Q. All right. And I m going to suggest to you that the blower makes a loud noise, right? A. Not really. That s very small blower which doesn t make loud noise. Q. Did the clipper make a louder noise than 20 the blower? A. Less than blower. Q. So the blower is louder than the clipper? A. A little bit louder. Q. Okay. I m going to suggest to you that 25 the neighbourhood is pretty quiet at that time of night, right? Q. And so the noise from the blower is... A. That s not correct. Wasn t night. 30 Q. Well, it s 8:30 in the evening, right? A. Evening, yeah. Q. Okay. So at that point in the evening the

29 917 neighbourhood is quiet? Q. And I m going to suggest to you that the blower is certainly a noticeable sound as compared to the 5 quiet neighbourhood. Q. Okay. And you know that you re permitted to use that machinery until 9:00 p.m., right? A. Yes, I know that. 10 Q. And this is before 9:00 p.m., right? A. Yeah. Q. So you are completely justified in what you re doing, right? A. Correct. 15 Q. Okay. And I m going to suggest to you that as the two young men are approaching they re yelling because the blower is still going at that point, right? Q. Is the blower still going at that point? 20 A. When they were approaching to me blower was off. Q. Okay. And you turned off the blower because they were approaching, right? A. I saw two people on the street going - 25 that are going on the street because not something unusual and I turned off the blower because I thought they want to tell something to me. Q. Right. So you could tell that they wanted to speak to you and that s why you turned off the blower. 30 A. Correct. Q. Okay. So they had already been headed towards you...

30 918 Q....before you turned off the blower. Q. Okay. And I m going to suggest to you 5 this: from your past experience and from the context it was clear to you that there was going to be some sort of conflict at that point, right? Q. No? Okay. Did you think that they were 10 coming over for a friendly chat? A. I didn t know them. I didn t have an idea of what for they coming. Q. So you had no preconceived ideas about what that interaction was going to be? 15 Q. You couldn t tell anything from their body language or anything as they were approaching you? Because I didn t study their body language. 20 Q. So as they re approaching it doesn t look like there s going to be any kind of conflict, right? A. I don t know. I don t remember now. Q. Well, from the way they re approaching you it looks like you re just going to have a conversation with 25 them, right? A. Conversation probably, but I dunno about what. Q. And in fact, there was some conversation, right? 30 Q. And Christian Paquette asks you to stop using the blower because it s interfering with the party,

31 919 right? Q. Isn t that the essence of what he was saying? 5 Q. Okay. And he indicated in some fashion to you that your blower was causing them problems. Q. Sir, you told us that he said that you 10 ruined his 33 rd birthday, right? Q. Okay. Well, didn t you understand that that was in relation to your blower? 15 Q. What did you think that meant? A. I dunno. Blower was on for less than one minute. Q. So you have no idea what he s talking about when he comes and starts speaking to you then? 20 Q. I m going to suggest to you that at the very least you thought he had no business coming over to you and speaking to you the way that he did. A. Sure. 25 Q. Okay. You didn t like the way he was speaking to you, right? Q. It made you angry? 30 Q. Didn t it make you angry? Q. He s calling you names, right? He s

32 920 saying terrible things to you? Q. He s come over to your property, right? 5 Q. And he s accusing you of doing something that you have no idea what he s talking about. He s saying terrible things to you... Q....and that doesn t make you angry? 10 Q. You said yesterday that at that point Christian Paquette, the man in the black pants, came halfway up your driveway. 15 Q. And that s where you were standing? Q. I m going to suggest to you that in fact you came down to the base of your driveway and that s where you had that conversation with Christian Paquette. 20 Q. I m going to suggest that he didn t come halfway up your driveway. He just put a single foot into your driveway. Do you agree with that? 25 Q. Can you take a look at the statement that you wrote? Your complaint. On the first page of it. THE COURT: Police complaint? MS. CUNNINGHAM: Yes. Q. On the first page of it which at the 30 bottom says page two of seven... Are you on the page that says that? Sir? A. Two of seven, yeah.

33 921 Q. Are you on that page? Q. Okay. So towards the top there is a sentence that starts: 5 One of the men stepped onto the driveway and I asked him to leave my property. You see that statement? Q. Okay. You wrote that? 10 A. Yes, I did. Q. I m going to suggest to you that what you re saying there is one of the men took a step onto the driveway. 15 Q. Well, you don t describe it as one of the men came halfway up the driveway, do you? Q. And at that point you told him to leave your property? 20 Q. And I m going to suggest to you that what you in fact said was Get off my fucking property. Q. And I m going to suggest to you that what 25 you did then is you kicked Christian Paquette to send a message get off my property. Q. You say that Christian Paquette grabbed your arm and kicked you at that point, right? 30 Q. And he was wearing flip-flops, right? A. I don t remember.

34 922 Q. You don t remember. Okay. Let s look at the photo in Exhibit One. MS. CUNNINGHAM: If that could be provided to the witness, please. 5 Q. Do you agree that he s wearing flip-flops? Q. Did the kick land? Q. Yes? Where did it land? 10 A. My leg. Q. Where on your leg? A. My right leg. Q. What part of your leg? A. Under my knee. 15 Q. Under your knee? Q. At the front? A. On the side. Q. On the side. Okay. And what part of his 20 foot did he use to strike you? A. I dunno. Q. And you push him away? Q. And that s all the physical contact at 25 that point, right? Q. All right. Nobody else has made any physical contact with you? 30 Q. The only other person nearby at that point is Nicholas Paquette?

35 923 Q. Okay. And you... A. The other... Q. Right? A. Yeah, the other younger. 5 Q. The other younger man. Okay. And you told us yesterday that he stayed in the street when Christian Paquette came up your driveway. A. That s my recollection now. Q. Okay. And after this happened you yell 10 for your wife to come out and bring the camera, right? A. My wife got out and ask me what s going on and I told her to bring camera. Q. Okay. And she does come out and brings the camera, right? 15 Q. Okay. And she starts taking pictures as far as you can tell? Q. And what we see then in the first 20 photograph in that list of 12 which is Exhibit Eight... MS. CUNNINGHAM: You can maybe show him the bigger copy which is Exhibit Eight. Q. That s the first photograph that was taken, right? 25 Q. And I m going to suggest that this was taken right after that initial physical interaction with Christian Paquette. A. Yeah. 30 Q. Yes? Does that make sense to you? A. Couple of seconds later. Q. Okay. And are we seeing you calling 9-1-1

36 924 in this photo? Q. Okay. So that s what you re doing? You sort of have your hands in front of you? 5 Q. All right. So at that point you re calling Q....there s been some sort of physical 10 altercation, but at this point Christian and Nicholas Paquette are out on the street. Q. Okay. And I m going to suggest to you that when you call you make a point of telling the 15 Paquettes that you re calling 9-1-1, right? A. I don t understand your question. Q. You say I m calling 9-1-1". You re telling them that you re calling Q. You tell them you re calling the police. A. I didn t tell them anything. Q. You didn t tell them anything? Q. Well, I m going to suggest to you, sir, 25 that your whole purpose in calling at that point was to try and steer them into leaving, right? A. I don t remember that. Q. Well, isn t that what you wanted them to do? You just wanted them to leave, right? 30 My purpose was to call Q. Why? A. Because I was attacked on my property.

37 925 Q. Okay. So you weren t calling to try and get them to leave? A. I didn t think about them at that moment. Q. Well, they re the whole reason you re 5 calling 9-1-1, right? A. The reason why I was calling is to call to inform police that I was attacked. Q. So you were calling to report something that had already happened. You weren t calling because of 10 something you were concerned was going to happen in the future. A. They were still standing on the street and going back towards me before my wife took the picture. Q. I m sorry - I couldn t hear that. 15 A. They were still standing on the street and going back towards me before my wife took a picture. Q. So you re saying they were coming towards you before this photo was taken? A. Yes, that s correct. They were further on 20 the street - in the middle of the street they consulted and turned towards me. When my wife took picture they left. Q. Okay. I m going to suggest to you that what happened is after this picture was taken, after the picture in Exhibit Eight was taken, they actually turn and 25 leave, both of them, right? A. That s right. Q. Okay. And at that point you re on the phone with A. Right. 30 Q. And you tell them you need police? A. Right. Q. And then you hang up the phone.

38 926 I did not hang up. I did hang up the phone because one of them was coming back. Q. Right. We re not there yet, sir. You asked for police and you hang up the phone. 5 A. I hang up the phone because one of them was coming back towards me. Q. Well, we ll get to why in just a moment, but you agree you hung up the phone. A. No, I don t agree. I just explain you how 10 did I hang up the phone. Q. But you did hang up the phone, right? Q. Okay. So after calling I m suggesting to you that you hung up the phone because it 15 seemed to be over and they were leaving. Q. So what you re saying is that you hung up the phone because they were coming back, is that right? A. One of them was coming back. 20 Q. Okay. And after you hang up calls you back, right? A. Right. Q. And they say You can t hang up on 9-1-1, sir. 25 Q. Okay. And if we can go back to your complaint statement. Do you have that in front of you? Q. Okay. About a third of the way down on 30 that first page which is page two of seven, a little further down than where we were before you say: I informed the police at 8:40 p.m. that

39 927 two men came on my driveway, attacked me, and that I needed help. A. Yeah. Q. Okay. You wrote that? 5 Q. Those are your words? Q. But that s not what happened, is it? A. Not in the exact words. 10 Q. Okay. So you say here that two men came on your driveway? Q. But that s not true, right? A. That s true, two men came. 15 Q. On your driveway? A. That s - that s true I wrote but it s not true that two men came on the driveway. Two men came. Q. Right. So you wrote that two men came on your driveway but that wasn t correct? 20 A. It was correct but was not said properly. Q. Well, it says: Two men came on my driveway... A. Wasn t said properly. My English is not that good. I have to translate in my head and when I calling it s not - tell something wrong. Q. Okay. But this isn t when you re talking to This is a statement that you wrote, right? Q. You had as much time as you wanted to 30 prepare this statement. Q. Okay. You re not doing it in a rushed

40 928 fashion, right? A. Correct. Q. In fact, you re getting help from other people when you re writing this statement? 5 I just was getting instructions. Q. Okay. So I m going to suggest to you, sir, that you chose these words, right? Q. And what you chose to write is that two 10 men came on your driveway. A. Yes, I did, because I wasn t talking anything else about that two men. Q. I m sorry - I didn t understand that. A. I didn t say anything else about that two 15 men. I just wanted to say that two men came. Q. Okay. But what you say is: Two men came on my driveway, attacked me,... A. That s correct. I agree. 20 Q. Okay. But that s not what happened, right? Q. Only one man came onto your driveway and attacked you. 25 A. Correct. Q. According to your evidence today. I m going to suggest to you that what you actually told the operator is that you were just attacked on your driveway with some drunk people. Do you remember saying that? 30 A. Probably. Q. Okay. Have you listened to the call?

41 929 Q. And have you seen the transcript of the call? 5 Q. Okay. I m going to give you a copy of that transcript. I m going to ask you some questions about things that you said on the call... THE COURT: Do you have an extra copy of that? MS. CUNNINGHAM: I do, Your Honour. 10 MR. DULUDE: Just to clarify, what call are we talking about? There s two calls. THE COURT: I think we re talking about his first one, right? MS. CUNNINGHAM: Mr. Kraljevic s call. 15 MR. DULUDE: Okay, but there s two calls that are made. MS. CUNNINGHAM: Well, he makes a call and they call him back. That s all on the same... MR. DULUDE: Okay - the same one? 20 MS. CUNNINGHAM: Yes. MR. DULUDE: All right. MS. CUNNINGHAM: Q. And, sir, we do have the actual audio of the call. I think it s probably easier to work from the transcript but if there s anything that you 25 don t remember seeing or hearing, let me know and we can play it for you, okay? A. Okay. Q. So if we go to page two of four, we can see where they call back, right? We see them saying: 30 Sir, it s You can t hang up. Why do you need police? Right? You see that?

42 930 Q. And you say: I was attacked on my driveway with some drunk people. 5 A. Correct. Q. Okay. And what you re referring to there is this incident with Christian Paquette that you ve already described, right? 10 Q. Okay. The next thing the operator says is: Okay. Where are they right now? Right? 15 Q. And your answer is: Across the street. A. Correct. Q. Okay. So you d agree with me then, sir, that he s still across the street when calls you back? 20 Q. Well, they re across the street at this point, right? I told they re across the street but I didn t see them at that moment. I saw them leaving. 25 Q. So you re telling the operator they re across the street but it s your evidence now that you really didn t know where they were? A. That s the second - I m sorry, I lost in the time. Yeah, that s correct. 30 Q. They were across the street at that point, right? A. They were across the street, yes.

43 931 Q. They d already turned and left? Q. And that s the point in time when you re talking to 9-1-1? 5 A. The operator call back, that s right. Q. Right. So I m going to suggest to you, sir, that Christian Paquette hadn t yet started coming back to you at this point, right? 10 He already left. Q. But what the next thing is that you say is: Now he s - now he s going again to my driveway. 15 Right? Q. And I m going to suggest to you that that s when Christian Paquette comes back on his own, right? A. I don t remember that. 20 Q. Well, what you ve described is after this initial confrontation with Christian Paquette we have the first photograph that s in the sequence, right? Q. Okay. And then they both leave. They 25 both start to walk away. Q. Okay. I m going to suggest that it s at that point that is calling you back and asking you Where are they right now? and you say Across the street. 30 Q. Okay. And then Nicholas Paquette continues on but Christian Paquette turns around and starts

44 932 to come back to you, right? A. I don t recall that. Q. Well, you re telling 9-1-1: Now he s going again to my driveway. 5 Right? A. Maybe they are going there. Q. Sorry? A. Maybe they were going. Maybe I said wrong. 10 Q. Well, if we look at the next picture in sequence we can see that Christian Paquette is standing alone at the end of your driveway. A. It could be he was. I don t remember that. 15 Q. Well, you re telling them he s coming back to my driveway and we see in the second photograph that he s back at your driveway. So isn t that exactly what happened? A. I don t remember. 20 Q. Okay. You told us earlier that you hung up the phone with because he was coming back to you. Q. But you d agree with me that based on what we can see in this transcript, he doesn t come back to 25 you until after they call you back. A. I wouldn t agree with that. I don t remember how many times he was coming back. Q. Well, you ve only described him coming back once in your evidence so far. 30 A. I described - I remember three (ph) times. How many exactly I don t remember. Q. Okay. So when we re down at the bottom of

45 933 page two of that transcript you re saying he s going again to my driveway and that s what we see in the second photograph on Exhibit 15, right? He s standing at the end of your driveway holding a flower? 5 A. No, it s not right. If I said he s coming on my driveway and you said he s standing, that s not the same. Q. What you say is: Now he s going again again - uh - to my 10 driveway. A. Okay. Q. So isn t that - you re describing what we see in photograph two? 15 Q. Well, what are you describing? A. I obviously said he s coming back my driveway. Q. But you re on the phone with 9-1-1, right? 20 Q. Your wife is taking photographs, right? Q. And this is the photograph your wife takes, right? A. I dunno is that photograph the same time 25 when I was talking this sentence. Q. Okay. So you don t know if that s the precise photograph your wife took. A. No, I don t know is that the same time that photo was taken and this sentence said. 30 Q. Okay. THE COURT: A moment ago Mr. Kraljevic said It could be. I can t remember. So, you know, we

46 934 can pursue the line of questioning and before you know it end up with a witness saying Well, it s A; it s B. It s not A; it s not B but it s not going to detract from the fact that at 5 one point he said It could be. I can t remember. MS. CUNNINGHAM: I agree. And I m moving on at this point, Your Honour. THE COURT: Excellent. Thank you. 10 MS. CUNNINGHAM: Q. The next photographs that were taken, looking at Exhibit A. That s... Q. Do you have that exhibit in front of you? That s the list of the 12 photographs. 15 Q. The next two photographs that were taken are taken towards the corner of Fife and Fleming, right? Q. Okay. And we know from the sequence that 20 Christian Paquette is already standing at the base of your driveway holding a flower, right? Q. And we can see in the first - or the third photograph there that Nicholas Paquette is towards the 25 corner, right? Of Fife and Fleming? A. Yeah. Q. And then in the next photograph after that, the fourth, he s now been joined by the man with the yellow shorts who we now know as Claude Paquette, right? 30 A. Yeah. I see on both pictures two men at the corner. Q. You see two men in both pictures?

47 935 Q. Okay. A. I see two men and two women. Q. Can you point to me where you see the... 5 THE COURT: The third is blurry. Let s just look at the second one. The second one - you can clearly, Mr. Kraljevic, in the second one you can see the yellow shorts. The first one is kind of debatable but A. Yeah, but is visible. THE COURT: Yes. They re taken right around the same time frame. Let s focus on the one that we can draw useful conclusions from. MS. CUNNINGHAM: Okay. 15 Q. Okay. And so then between the fourth photograph and the fifth photograph Claude and Nicholas Paquette have come back to your driveway, right? A. Can you repeat? Between? Q. Between the fourth photograph and the 20 fifth photograph... A. Yes? Q....the two men who were at the corner have now come back to your driveway. There are three men. 25 THE COURT: Look in the second photograph. You got Christian in the second photograph, right? THE COURT: He s there alone, right? 30 THE COURT: And then when you look in the fourth photograph you can see his brother Nicholas and his father up on the corner, right?