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Kelowna freedom fighter back in court to self-represent in assault trial

David Lindsay is charged with assault after trying to enter Interior Health despite being banned
David Lindsay (right) and two of his supporters outside the Kelowna Courthouse on March. 1. (Jacqueline Gelineau/Capital News)

A self-proclaimed freedom fighter represented himself in the continuation of an assault trial on May 24, in a Kelowna Provincial Courtroom.

The accused, David Lindsay, is facing two counts of assault involving former Paladin Security branch manager Jason Davis and Greg Smith, the manager of security with Interior Health.

The alleged assault took place on Aug. 19, 2021, when Lindsay allegedly attempted to enter the Interior Health building at 505 Doyle Avenue, despite being banned from the premises.

Smith was called to the stand as a witness. He told the court that Linsday was not permitted to enter the Interior Health building during an anti-mandate protest that took place on Aug. 11, 2021, and again on the day of the alleged assault, Aug. 19.

Lindsay played video footage of the Aug. 19, incident where Lindsay can be heard telling three security guards, including Davis and Smith, that he has a right to enter the building. The video was taken by his supporters at the protest.

In the videos, Lindsay then appears to step forward, bumping into the security guards.

READ MORE: ‘I will arrest you’: Kelowna protester charged with assault told not to enter Interior Health

Lindsay has maintained that he did not assault the men. Rather, Lindsay has told the court on multiple occasions that he was the one who was assaulted.

“They physically blocked my entrance and assaulted me… They put themselves in harm’s way,” said Lindsay

Lindsay also told the court that he was unlawfully banned from entering the building and it was a violation of his Charter of Rights and Freedoms.

Crown David Grabavac objected, saying that was not relevant to the case at hand.

“Lindsay has a fundamental misunderstanding about the laws of assault… Blocking an entrance is not assault,” said Grabavac.

Grabavac then explained that it is the Crown’s submission that the ban was lawful.

The trial is focused on the charge of assault, not on the lawfulness of the ban from Interior Health.

Judge Cathaline Heinrichs spoke up multiple times during the cross-examination of Smith.

“At no time am I going to decide anything about the ban… I don’t know how I can explain it any more clearly,” said Heinrichs.

The case is scheduled to continue until May 26, but will likely require additional days to be added due to unexpected delays.

READ MORE: ‘Talk to the hand’: Kelowna protest leader refuses to participate in assault trial


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Jacqueline Gelineau

About the Author: Jacqueline Gelineau

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