BY KEITH LACEY
Two local men have been committed to stand trial in relation to the beating of another man who was blinded in his right eye after being kicked and punched repeatedly earlier this year.
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Bryan Thibault, 25, and James Courville, 27, were both charged with aggravated assault following the incident last winter.
Thibault has also been committed to trial on charges of uttering death threats and public mischief after allegedly phoning the victim in the hospital and warning him not to proceed with charges.
The accused were committed to trial on all counts following a preliminary hearing Monday.
Justice W. Babe said despite inconsistencies in the victimÂ?s evidence, it was his opinion a jury, properly addressed in the law, could find the victimÂ?s evidence to be sufficient to gain a conviction.
While both men have been committed to trial, getting a conviction might be difficult as the victim admitted he suffers from schizophrenia and hadnÂ?t taken any medication in the two weeks before he was severely beaten.
He also had been drinking and has smoked marijuana before going out for a walk, he said.
The victim testified he was struck in the head with a punch and two men kicked and punched him repeatedly, causing him permanent blindness in his right eye.
He originally told police four men had jumped him and didnÂ?t mention the names of Courville and Thibault for more than an hour when he gave police his videotaped statement.
He had regularly purchased marijuana from Thibault and recognized both accused from the neighbourhood where he lived in Garson, said the victim.
Under intense cross-examination from defence lawyers Herve Sauve (for Courville) and William Beach (for Thibault), the victim admitted he had lied to police on certain key issues surrounding the assault.
He did receive a call from Thibault warning him not to report the matter to police while in hospital, he said.
Both Beach and Sauve argued their clients should not be committed to trial as there are serious discrepancies in key evidence presented by the victim during the preliminary hearing.
However, Babe said all of the issues brought by defence counsel are matters of weight and credibility and judges are not to consider those legal factors when making a decision on whether or not to commit accused persons for trial.
Those matters must be dealt with by the presiding judge at trial and members of the jury, he said.
ItÂ?s expected Thibault and Courville will go on trial early in 2004.
