Wednesday, March 31, 2010

Guy Earle Trial Day 3: 11am Update

9am start today.

Geiger-Adams represents the Tribunal, Pardy and Cousineau for the complainant, Sam and Salam Ishmail for the respondent. Quite a difference from the media circus on day one. Only three people in the gallery so far: two members of the media and Pardy's girlfriend Eda Ertan, who moved to sit beside me when I opened up my laptop. Hi Eda, nice knee-high leather boots!


Sam Ismail calls witness Nick Dacosta. He does not know Pardy. Was working the lunch shift at Zesty's the day following the incident when Pardy entered and confronted Salam.

DaCosta: "I was working the lunch shift and the plaintiff came in. I greeted her and she went straight for Salam who was on the phone at the bar. She seemed quite angry and stared at him until he finished. From there, she was saying she was angry about what happened the night before. Salam was willing to work with her, he understood that she was upset, he offered to pay for the sunglasses. He apologized for the behaviour of Guy and was trying to figure out, to solve the situation. She kept pushing, she wasn't satisfied with the glasses being replaced."

Ismail: "What did she want?

DaCosta: "She didn't say, she just kept saying what are you gonna do about it?"

Ismail: "What happened after that?"

DaCosta: "The conversation got pretty heated, Salam went on the offensive. On Commercial Drive there's a lot people trying to rip you off. He didn't know what she was after or what to do about it. She got quite angry and started yelling that Zesty's was a bad place and not to eat there. There were maybe 3 tables of patrons inside who heard. She then went outside and Salam wanted to follow her, to call the police. I held him back. It seemed she was trying to get him to do something. She was outside, yelling, walking down the sidewalk, saying things about the place."

Ismail: "Did she say that Zesty's supports violence against women?"

Geiger-Adams interjects, warns Ismail about 'leading the witness: Please rephrase the question.

Ismail: "Do you remember what she said when she was walking down the sidewalk?

DeCosta: "yes, I vaguely remember. The whole incident took maybe 5, 10 minutes most."


Cousineau: "You agree this happened a long time ago, was it a major incident in your life"?

DeCosta: "No, it was kind of a typical day on Commercial drive."

Cousineau: "Would you agree your recollection is somewhat vague?"

DeCosta: "Not totally vague, but somewhat. "

Cousineau: "How many times did she yell zesty's was a bad place?"

DeCosta: "3 times maybe."

Cousineau: "And what was she yelling outside the restaurant"?

DeCosta: "I don't recall."

Witness is excused.


Ismail calls Marlo Franson to testify. He's a comedian who performed that night and witnessed what happened.

Franson: "I remember when they came in. They came and sat [in front], both of them facing the stage."

Ismail: "Did they appear drunk when they came in?

Franson: "They were loud, they were talking and ordering some drinks."

Ismail: "Were they interfering with the show?"

Franson: "Sometimes it happens during a comedy show, a group of people come in, a bit noisy, but usually they settle down. They were being very affectionate with each other. Sitting close to each other, toughing each other, and making out.

Ismail: "It was not a kiss on the cheek?

Franson: "No. And Guy did not appreciate them kissing in front of him, he said "No one wants to watch two ugly lesbians kiss." The two ladies at the table were not appreciative of that comment, they started directing comments back toward the stage, at Earl. It was hard for me to hear what they said, but I heard several swear words and they went back and forth with the insults."

Ismail: "What happened next?

………find out later, stay tuned!

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