The injuries suffered by a Somali-Canadian man during an arrest in Ottawa four years ago did not cause or directly contribute to his death, defence lawyers told a police officer's manslaughter trial Tuesday.
Lawyers representing Const. Daniel Montsion argued in their closing submissions that Abdirahman Abdi had a then-unknown heart condition that was exacerbated by his emotional and physical stress on July 24, 2016.
They told a virtual court hearing that a forensic pathologist found Abdi could have hit a "point of no return" in terms of his health before Montsion even arrived at the scene.
"A point of no return doesn't mean that death is likely or the person's unwell, it means that death is inevitable within that period of peril," defence lawyer Solomon Friedman said.
The arrival of the first police officer, Const. Dave Weir, escalated the stress for Abdi, who ran away and was pepper sprayed in the face twice by that officer, Friedman said.
From that point on, "there are numerous instances where Mr. Abdi may have well been past the point of no return," he said.
Abdi, 37, suffered a heart attack during the incident and died in hospital the next day.
Prosecutors allege the blows inflicted on Abdi — including punches Montsion delivered to his face with reinforced gloves — contributed to his fatal heart attack.
Court has heard Abdi suffered significant facial injuries, including a broken nose.
Montsion has pleaded not guilty to manslaughter, aggravated assault, and assault with a weapon.
The defence acknowledged Montsion struck Abdi in the face before the man was brought to the ground, but argued the punches were "distractionary blows" that caused no injury.
Lawyer Michael Edelson said security video of the confrontation does not show any bleeding after the punches from his client.
He suggested the injury instead occurred moments later when Abdi was brought to the ground by Weir, saying Abdi went "from standing to face down in a second or less."
Even if Montsion did break Abdi's nose, Edelson argued the Crown has not proven the force he used was intended or likely to cause bodily harm.
The defence also argued the gloves Montsion wore, which had reinforced knuckles, were purchased by his supervisor and part of his uniform, and thus should not be considered a weapon.
Police were called to a coffee shop in Ottawa that day in response to reports of a man causing a disturbance.
Court has heard Weir was the first to arrive, but Abdi fled, and the officer caught up to him a few blocks away, outside his apartment building. Montsion was called to assist.
The incident sparked several protests in Ottawa and other cities.
Closing submissions were initially scheduled for April but were delayed due to the COVID-19 pandemic. They are slated to continue through Wednesday.
Defence lawyers argued Monday that Montsion acted according to his training and the information available to him at the time during the confrontation with Abdi.
They told the court that Montsion had no choice but to "engage" with Abdi after being called to assist another officer.
