Crown proves intent; student guilty in pool cue assault case
By Jessica Wallace
(JENNIFER STAHN / iNFOnews.ca)
August 01, 2013 - 6:54 AM
KAMLOOPS - A Saudi Arabian international student was found guilty yesterday of assaulting another student with a pool cue at a Kamloops nightclub last year.
Yousef Almotairi, 26, blamed his lawyer outside of the courtroom after he was found guilty in B.C. Supreme Court for assault and assault with a weapon.
Justice Richard Goepel said the case was about proving intent by Almotairi, who was caught on video surveillance thrusting a pool cue into the eye of Abdulaziz Alhedaib, 28, in November 2012 at Cactus Jacks Nightclub.
"In this case there is no evidence that Mr. Almotairi acted without conscious thought," Goepel said during judgement.
Defence lawyer Michelle Stanford argued Almotairi's actions were 'reflexive' following a punch by the victim immediately prior to the incident.
However Crown prosecutor Chris Balison said the argument did not stand after Almotairi testified that he didn't remember the assault.
Goepel sided with the Crown.
"I find there was nothing reflexive in Mr. Almotairi's conduct," he said. "I find that the Crown has proven the elements of the intent beyond a reasonable doubt."
Alhedaib spent five months in hospital following the assault and suffers partial paralysis to one side of his body.
Almotairi is expected to appear in court next on Aug. 6 to fix a date for sentencing.
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News from © InfoTel News Ltd, 2013