A man accused of assaulting a convicted robber testified in his own defence at the Peterborough, Ont., courthouse Thursday.
Tejeshwar Kalia is charged with aggravated assault after he struck back against a masked man, who was later sentenced after pleading guilty to robbery with violence.
The incident occurred shortly after 2:20 a.m. on Jan. 5, 2024, with surveillance video played to a jury in Superior Court on Thursday showing the convicted man striking 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 another customer, with the store clerk taking control of the bat and hitting him. Kalia is seen hitting the man the first time as he appears to run away and a second time after he falls.
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Taking the stand on his behalf on Thursday, Kalia testified the man threatened to kill him and that he thought he was reaching for a knife.
He also said he called 911 to get help for the man after he was on the ground.
But in a 911 call played for jurors, as well as two police interviews the Crown reviewed, Kalia does not mention a death threat. As well, when asked in the 911 call if anyone else was injured, Kalia said no.
Crown prosecutors also drew the jurors’ attention to video that showed the man take several steps away from the store before he was hit. They also told the court the video showed a customer apparently tried and failed to stop Kalia from hitting the man a second time.
According to testimony, Kalia suffered a concussion, while the convicted man sustained skull fractures and brain bleeding.
Closing arguments are set for Tuesday.
— With files from Global News’ Marc Woodhouse
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