NAVEEN POLAPADY AND LHIS LAWYER CALVIN BARRY (R) ON THE STEPS OF OLD
CITY HALL IN
AFTER HIS ASSAULT TRIAL WAS DELAYED UNTIL FEB 23. TORONTO
Credits: MICHAEL PEAKE/QMI AGENCY
His charge regarding throwing the spice at the eyes of Manuel Belo - administering a noxious substance - was dropped earlier by the Crown attorney.
His judge-alone trial opened with the playing of a 911 tape in which a winded Polapady said he was following a thief he had spotted trying to steal a computer out of a car parked in the lot behind his
restaurant on Aug. 21, 2011.
"I caught him red handed," Polapady told the 911 operator. "I tried to put chili powder on him and he hit me."
Belo was originally charged with theft but after viewing surveillance video from the restaurant and seeing the man's injuries in the hospital - a head cut and welts on his arms and legs - the investigating detective concluded that the wrong man was under arrest.
"He was in a state of shock, he couldn't understand why this happened," testified Det.-Const. James Thompson.
"We began to view Mr. Belo as the victim in this matter and Mr. Polapady as the person responsible for his injuries."
The trial continues this afternoon.