Toronto Star - November 19, 2009
Barbara Brown
HAMILTON–A lawyer for the province says he's skeptical about a Caledonia man's "fantastic" story of accidentally setting off a shotgun and blowing a hole through his ceiling during the tense standoff between aboriginal protesters and Ontario Provincial Police.
Crown counsel David Feliciant opened his cross-examination of David Brown, 42, who is suing the province and OPP for $7 million, by suggesting the plaintiff had fabricated evidence.
Brown, whose home abuts the occupied former Douglas Creek Estates and was inside the aboriginal barricades, testified this week he was so exhausted and stressed from lack of sleep following a failed police raid on April 20, 2006, that he nodded off for a moment at his kitchen table while his shotgun was braced between his legs.
Brown said his hand slipped and hit the trigger, causing the gun to blast a hole through his ceiling.
Feliciant grilled Brown at length about the size of the hole, which the owner later patched with drywall.
He described Brown's version of events as "fantastic – not in a good way – almost unbelievable."
"I would like to get some evidence of where that hole is," said Feliciant.
Brown answered, "If you want me to take a picture of it, I'll do it."
Brown told the lawyer he didn't worry about his 15-year-old son, Dax Chatwell, getting hold of the gun and hurting himself because Dax wasn't living in the home.
He said the boy was staying at a friend's house because the school bus couldn't get through native barricades to pick him up.
His wife, Dana Chatwell, didn't want a shotgun in the house, said Brown, but understood the need to protect themselves. However, she took the shotgun shells away after Brown blew a hole in the ceiling.
"All I know was, like I said, sir, I had no police protection, no law, I was scared and I didn't know what would happen next."
Twice during cross-examination, Brown said he felt nauseous and asked to be excused from the witness box before making a sudden dash from the courtroom.
Superior Court Justice Thomas Bielby finally sent him home and adjourned the trial until Thursday.