Last Updated: November 17, 2010 5:09pm
The Crown can’t prove that an off-duty police officer assaulted a cabbie when the evidence points to either self-defence or a “consensual” fight, his lawyer argued Wednesday.
But the prosecutor contended it’s clear Shyldon Safruk, 36, followed and confronted cabbie Sami Aldoboni on May 11, 2009 because he was angry at being cut off on the Airport Pkwy. then launched an assault in which his victim’s arm was broken.
Both sides cite testimony from other cabbies at the scene and a surveillance video taken from a distance to back their version of events.
Judge Grant Radley-Walters is expected to rule Friday.
Safruk testified he pushed Aldoboni away in self-defence then the cabbie took a swing, missed and fell — breaking his arm, the defence argues — before coming at him again.
That scenario and that the pair both wanted to fight are both “rational propositions,” Carroll said, arguing Aldoboni, 45, has reason to play the victim — a $500,000 lawsuit.
But prosecutor Ian Bulmer argued the evidence shows Safruk pursued, confronted and assaulted the cabbie.
“He observed a perceived slight on the road, it makes him angry and he decided to take action,” Bulmer said.
Safruk is responsible for Aldoboni’s injuries even if they happened in a fall because it was in the course of the assault, Bulmer argued.