Closing arguments were made Thursday at the assault trial of a prison guard.
The accused correctional officer has pleaded not guilty to assault with a weapon in connection with an incident at Millhaven Institution over a decade ago.
A 2012 altercation between Millhaven inmate Christophe Lewis and a number of corrections officers, including the accused, Blair Kay, is at the heart of the assault case.
The question isn’t whether or not corrections officer Kay was involved, but whether the force he used was just, necessary and measured.
In the defence’s closing submissions, Kay’s lawyer reminded the court of the context of the situation.
“This isn’t an interaction with somebody on a street corner,” said the lawyer in Thursday’s proceedings.
“This is in a maximum-security prison, an inherently dangerous place.”
In his testimony, Kay said he was confident that Lewis had contraband following a visit, and his refusal to be strip-searched led to his eventual arrest after being pepper sprayed.
On the other side, the Crown’s final submission focused on surveillance video, arguing that Lewis was where he was supposed to be, that he was not argumentative or threatening and that Kay exacerbated an already tense situation.
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“Officer Kay says that nobody had taken control,” said the Crown.
“That’s unreasonable. It’s quite clear from the video there was no need to take control.”
The Crown also said that, due to the number of officers present, there were overwhelming odds against Lewis — who remained calm, which he says makes Kay’s actions unnecessary and unlawful.
More than 10 years after the incident that brought them to court Thursday, a verdict will be handed down on May 12.
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