Club assault trial wraps up

Photo: File photo

Defence council for two men accused of being part of a vicious assault outside a Kelowna nightclub gave their closing arguments to the court Friday.

Steven Kaplan and Kyle O'Brien have faced two weeks of trial for their involvement in a September 2014 sucker punch outside Sapphire Nightclub that knocked Michael Martin out, fractured his skull, put him in a coma for two weeks and caused brain damage.

Kaplan had been involved in two fights with Martin earlier in the night, and followed him to Sapphire.

Kaplan, who was banned from most bars in town, talked briefly with bouncer Kyle O'Brien before O'Brien went into the bar and dragged Martin out in a chokehold.

Minutes later, Steven Kollie, a much larger man, approached Martin and Kaplan, who were talking. 

Surveillance footage outside the club, shows Kollie landing the sucker punch and calmly walking away. No one, including O'Brien, pursues him.

Kollie was convicted of aggravated assault in May, and given a five-year sentence.

In his closing arguments, Kaplan's defence council, Cory Armour, said the Crown's case against his client relies on circumstantial evidence, and there are several other “reasonable inferences” that can be made about his actions.

When Kaplan brings Kollie to the front of the bar, prior to the punch, Armour says the judge has no way of knowing that Kaplan knew Kollie was going to assault Martin, rather than just intimidate him.

“It is not unexpected that (Kollie) might resort to violence even if that was not something that was initially intended by Mr. Kaplan in bringing him there,” Armour said, after noting Kollie's violent criminal past.

He also suggested Kaplan would not have orchestrated the assault to take place right in front of the nightclub, as he would probably know there was surveillance.

In response, Justice Allan Betton noted Kaplan did not appear to be surprised when the assault took place.

Colby Johnson, defence council for O'Brien, also suggested there are many other reasonable alternatives to the Crown's theory that O'Brien was complicit in facilitating the assault.

“There's no way Mr. O'Brien could have known when he brought out Mr. Martin that Mr. Kaplan or Mr. Kollie was going to be 'talking with fists,'” Johnson said.

Betton challenged Johnson, noting O'Brien had no noticeable reaction to the punch, and one would expect someone who had not known violence was about to take place would act surprised.

Betton will now deliberate on the Crown's and defence's arguments. A decision is expected Thursday.