A man accused of assaulting a convicted robber testified in his own defense at the Peterborough, Ont., courthouse Thursday.
Tejeshwar Kalia was charged with aggravated assault after he counter-attacked a masked man, who was later sentenced after pleading guilty to aggravated robbery.
The incident occurred shortly after 2:20 a.m. on January 5, 2024, with surveillance video played in court on Thursday showing the convict hitting Kalia with a metal baseball bat inside a Circle K store in Peterborough.
The video then shows the masked man being pushed outside by Kalia and other customers, with the store clerk taking control of the bat and hitting him. Kalia is seen hitting the man first as he appears to be running away and a second time after he falls.
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Taking the plea on his behalf Thursday, Kalia testified that the man threatened to kill him and that he thought he was reaching for a knife.
She also said she called 911 to get help for the man after he fell.
But in the 911 call to the jury, as well as two police interviews reviewed by the Crown, Kalia made no mention of death threats. Additionally, when asked via 911 call whether anyone else was injured, Kalia answered no.
Prosecutors also drew the jury’s attention to video showing the man taking several steps away from the store before he was hit. They also told the court that the video showed a customer apparently trying and failing to stop Kalia from hitting the man a second time.
Based on his statement, Kalia suffered a concussion, while the convict suffered a skull fracture and brain hemorrhage.
Closing arguments are set for Tuesday.
— With files from Marc Woodhouse of Global News
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