A Crown prosecutor told a B.C. Supreme Court judge on Tuesday, Jan. 28 that a victim’s 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.
“The strength of the Crown’s case is based on the surveillance video that captures the two accused entering Mr. Chalifoux’s residence without lawful justification or excuse,” Norlund told Justice John Gibb-Carsley.
“The surveillance video then shows the two accused exiting, Mr. Keewatin with the machete in hand, followed by Mr. Chalifoux with extensive injuries.”
In addition to the video and Chalifoux’s testimony, medical evidence and blood pattern evidence leave the “only reasonable conclusion being that the same people who entered Mr. Chalifoux’s residence were the same people who participated in the assault.”
Norlund said Keewatin was the perpetrator or principal and Lowley a joint principal or party in the attack. She called Chalifoux a “credible and believable” witness who testified in a forthright manner, “including using more-colourful language than typically used in court.”
She reiterated Chalifoux’s 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’s 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.
“So 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,” Norlund said. “Mr. 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.”
Keewatin and Lowley did not testify during the evidence phase of the trial, which concluded Dec. 5.
During the Crown’s 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.
