Tomasz Winnicki v2.0
July 25th, 2006, 03:42 AM
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No signs of assault, trial told
Retirement-home volunteer doubts resident was dragged down stairs
DIANNE WOOD
KITCHENER (Jul 25, 2006)
A woman volunteering at a Kitchener retirement home the day the owner allegedly dragged an elderly resident down the stairs testified yesterday that the man didn't seem hurt and didn't complain of any injuries.
Kathleen Taylor was testifying at the trial of Ramesh Gaglani, 58, the owner of Bridgeport Terrace Gardens on Woolwich Street North.
At the beginning of his trial last December, Gaglani pleaded not guilty to assaulting Richard Weber, 72, on Nov. 14, 2004, by pulling him down two flights of stairs by the ankles.
Taylor, a friend of Gaglani's, said she didn't hear anything unusual that day although she was near the stairs. Another resident testified earlier that he heard banging and Gaglani yelling.
Weber died later of causes unrelated to the alleged assault.
Two nurses who treated him for scrapes, cuts and bruises at Grand River Hospital told court in December that Weber said Gaglani had pulled him down the stairs. The Crown is seeking to have their hearsay testimony included as evidence in the trial. Weber told the same story to a paramedic who examined him that day.
But Taylor said she saw no evidence of an assault. Taylor is a Hamilton teacher who visited Gaglani and volunteered at the home on weekends. He wasn't her boyfriend, although she sometimes shared a room with the man she called Rainy when she stayed over Saturdays.
She said she didn't hear any commotion from the stairs leading to the basement where the assault is alleged to have happened.
Taylor said Weber came up to the kitchen around 2 p.m. saying he was hungry.
Although he'd just finished lunch an hour earlier, she offered to bring a snack of toast, jam and coffee down to his basement room.
Taylor said Weber was holding onto his pants. They weren't done up because he wouldn't use a belt.
He was pretending he was going to fall, she said. This was something he did regularly to get attention, she said. He never hurt himself when he fell and residents had learned not to react.
"This was just an ordinary part of the day,'' she said.
Weber was acting silly in the hallway outside the kitchen and blocking the way for other residents, she said. He then dropped his pants and Taylor asked Gaglani to take him to his room to wait for his snack.
She opened the door for the men. Gaglani went down first, followed by Weber, she said. She saw Weber holding onto the railing with one hand and his pants with the other.
Under cross-examination by Crown prosecutor Marg Janzen, she agreed she doesn't know what happened after the door closed.
When Gaglani came back upstairs, there was nothing unusual about his demeanour, she said. He didn't say anything had happened.
She went down to see if Weber still wanted his snack. He said he did. Weber was lying on his bed and didn't complain of any injuries, she said.
Gaglani testified earlier that Weber, who had a form of dementia, fell on the stairs with his pants down. Gaglani removed the pants and asked Weber to go to his room.
George Craggs, who lived at the home, told court last year that he saw Gaglani pull Weber down two flights of stairs by his ankles. He was horrified and called police.
Craggs has been attending the trial. He was removed from the courtroom temporarily yesterday after an outburst.
He got angry while Taylor testified that he seemed to be an unhappy person who was constantly complaining.
Craggs later apologized to Justice Gary Hearn and was readmitted to the courtroom.
Court also heard from Allan Laaksonen, a friend of Gaglani's, who testified he heard Craggs use a racial slur against Gaglani.
When he asked why he tolerated such behaviour, Gaglani told his friend he didn't have enough residents to let Craggs go, Laaksonen said. Craggs has denied making racial comments.
Gaglani's daughter, Serina, 29, who also works at the home, said she never saw her father grow impatient with Weber despite his constant bids for attention.
Her father told her Weber slipped on the stairs and that Gaglani unravelled his pants then removed them.
Under cross-examination by the Crown, Gaglani's daughter acknowledged that Weber broke his finger several days before the alleged assault.
He refused to go to the doctor, however. She didn't tell her father because he didn't seem to be in pain. He later needed surgery on the finger.
Weber was found to be malnourished after he was taken to the hospital. Serina Gaglani admitted he was losing weight but said he wouldn't see his doctor. She thought he feared being told he had cancer.
The trial continues in September.
No signs of assault, trial told
Retirement-home volunteer doubts resident was dragged down stairs
DIANNE WOOD
KITCHENER (Jul 25, 2006)
A woman volunteering at a Kitchener retirement home the day the owner allegedly dragged an elderly resident down the stairs testified yesterday that the man didn't seem hurt and didn't complain of any injuries.
Kathleen Taylor was testifying at the trial of Ramesh Gaglani, 58, the owner of Bridgeport Terrace Gardens on Woolwich Street North.
At the beginning of his trial last December, Gaglani pleaded not guilty to assaulting Richard Weber, 72, on Nov. 14, 2004, by pulling him down two flights of stairs by the ankles.
Taylor, a friend of Gaglani's, said she didn't hear anything unusual that day although she was near the stairs. Another resident testified earlier that he heard banging and Gaglani yelling.
Weber died later of causes unrelated to the alleged assault.
Two nurses who treated him for scrapes, cuts and bruises at Grand River Hospital told court in December that Weber said Gaglani had pulled him down the stairs. The Crown is seeking to have their hearsay testimony included as evidence in the trial. Weber told the same story to a paramedic who examined him that day.
But Taylor said she saw no evidence of an assault. Taylor is a Hamilton teacher who visited Gaglani and volunteered at the home on weekends. He wasn't her boyfriend, although she sometimes shared a room with the man she called Rainy when she stayed over Saturdays.
She said she didn't hear any commotion from the stairs leading to the basement where the assault is alleged to have happened.
Taylor said Weber came up to the kitchen around 2 p.m. saying he was hungry.
Although he'd just finished lunch an hour earlier, she offered to bring a snack of toast, jam and coffee down to his basement room.
Taylor said Weber was holding onto his pants. They weren't done up because he wouldn't use a belt.
He was pretending he was going to fall, she said. This was something he did regularly to get attention, she said. He never hurt himself when he fell and residents had learned not to react.
"This was just an ordinary part of the day,'' she said.
Weber was acting silly in the hallway outside the kitchen and blocking the way for other residents, she said. He then dropped his pants and Taylor asked Gaglani to take him to his room to wait for his snack.
She opened the door for the men. Gaglani went down first, followed by Weber, she said. She saw Weber holding onto the railing with one hand and his pants with the other.
Under cross-examination by Crown prosecutor Marg Janzen, she agreed she doesn't know what happened after the door closed.
When Gaglani came back upstairs, there was nothing unusual about his demeanour, she said. He didn't say anything had happened.
She went down to see if Weber still wanted his snack. He said he did. Weber was lying on his bed and didn't complain of any injuries, she said.
Gaglani testified earlier that Weber, who had a form of dementia, fell on the stairs with his pants down. Gaglani removed the pants and asked Weber to go to his room.
George Craggs, who lived at the home, told court last year that he saw Gaglani pull Weber down two flights of stairs by his ankles. He was horrified and called police.
Craggs has been attending the trial. He was removed from the courtroom temporarily yesterday after an outburst.
He got angry while Taylor testified that he seemed to be an unhappy person who was constantly complaining.
Craggs later apologized to Justice Gary Hearn and was readmitted to the courtroom.
Court also heard from Allan Laaksonen, a friend of Gaglani's, who testified he heard Craggs use a racial slur against Gaglani.
When he asked why he tolerated such behaviour, Gaglani told his friend he didn't have enough residents to let Craggs go, Laaksonen said. Craggs has denied making racial comments.
Gaglani's daughter, Serina, 29, who also works at the home, said she never saw her father grow impatient with Weber despite his constant bids for attention.
Her father told her Weber slipped on the stairs and that Gaglani unravelled his pants then removed them.
Under cross-examination by the Crown, Gaglani's daughter acknowledged that Weber broke his finger several days before the alleged assault.
He refused to go to the doctor, however. She didn't tell her father because he didn't seem to be in pain. He later needed surgery on the finger.
Weber was found to be malnourished after he was taken to the hospital. Serina Gaglani admitted he was losing weight but said he wouldn't see his doctor. She thought he feared being told he had cancer.
The trial continues in September.