During a trial on Nov. 10 in Estevan provincial court, a youth said being kicked while on a school trip led to the removal of a testicle four months later.
The alleged assault occurred on an end-of-the-year school trip when the accused and the complainant were in Grade 7. Presiding Judge Karl Bazin heard that their class went to Kenosee where the students stayed in cabins. The complainant alleges he was kicked in the groin on June 18, 2010, just before returning home.
The complainant, who is now 15 years old, went to a local doctor twice. At the second visit, he was referred to a doctor in Moose Jaw, who he saw that same day. The doctor determined the complainant had a broken testicle and he underwent an operation to remove the testicle in October 2010, and it was replaced with a prosthetic.
The complainant made a report to Estevan Police Service 10 days after the incident on June 28.
In his testimony to the court, the complainant said there were two boys in the cabin at the time of the incident. Everyone was packing up to go back home. The complainant met the accused in the doorway of the cabin, where the complainant said he was kicked in the groin.
The complainant identified two boys as witnesses, and Crown prosecutor Mitch Crumley called both boys to testify.
Both witnesses said they recalled the complainant getting hit in the groin by a soccer ball that was kicked by the accused. That happened on June 17, though the complainant said he doesn't recall playing soccer while on the trip.
Both witnesses also said there was another incident June 17, in which the complainant punched the accused, giving him a charley horse in the cabin, which the accused immediately returned. Neither witnessed the kick that the complainant alleges occurred just before leaving the camp.
The accused also testified. He was represented by Legal Aid lawyer Robert Grimsrud.
The accused said that he inadvertently hit the complainant with the ball during the soccer game and apologized, but he said he didn't kick him the next day. The accused said he met the complainant in the doorway of the cabin when they were about to leave but said the two boys, who the complainant said were in the cabin, had already left and were on their way to the bus. He denied kicking the complainant at that time.
Grimsrud argued that there is no evidence that backs up the complainant's claim that he was kicked by the accused, noting that neither of the witnesses saw it happen. The witnesses saw the exchange of charley horses but reported no kicking.
Bazin suggested that there was more than one incident, adding that it sounded like the charley horses and the kicking happened at two different times on separate days.
Grimsrud noted the complainant said the two witnesses were there during the incident of the kicking.
"According to the complainant, they are there, but (in their testimony) they are both referring to the incident that the accused said happened," he said. "All the witnesses say they were present and nobody suggests two incidents."
He said there is no question there was a serious injury to the complainant and that the only question is how it happened. It's not up to the defence to show how the injury was inflicted.
Crumley said there were three incidents of significance. The first was when the complainant was hit with a soccer ball. He noted there was no injury described by the complainant at that time.
The second incident involved the charley horses. Both witnesses described those first two incidents.
"They don't describe the third incident because they are gone. (The complainant's claim) fits with the evidence of the witnesses, because (the witnesses) didn't describe the (third incident). Only the complainant and the accused do," said Crumley.
He said the police statements the witnesses made don't describe the incident that resulted in the injury. Neither witness describes the meeting in the doorway of the cabin, but said the complainant and accused both testify to it. That is where the kick allegedly occurred, when nobody else was around.
Bazin reserved his decision until Jan. 30.
