Wednesday, February 27, 2013

Spice Man trial: Photos show cut and welts on man after confrontation with restaurateur

Naveen Polapady arrives at Old City Hall court in Toronto on Feb. 22. The restaurateur was charged with assault with a weapon and assault causing bodily harm after a confrontation with a man who he believed was trying to break into his car.
Naveen Polapady pleads not guilty to assault in physical altercation with man he believed had stolen from his car.

Colin McConnell / Toronto Star
Naveen Polapady arrives at Old City Hall court in Toronto on Feb. 22. The restaurateur was charged with assault with a weapon and assault causing bodily harm after a confrontation with a man who he believed was trying to break into his car.
 
By:News reporter, Published on Fri Feb 22 2013
 
A Toronto restaurateur nicknamed the “Spice Man” after throwing spice powder at a man he believed to be a thief pleaded not guilty Friday to assault charges.
 
Naveen Polapady, owner of the Bloor St. restaurant Maroli, is accused of assaulting Manuel Belo with a broomstick while confronting Belo near his car early on the morning of Aug. 21, 2011.
 
The confrontation followed a rash of break-ins and attempted break-ins to Polapady’s car and home.
“Why did you put chili powder on him?” asked the operator in a recording of a 911 call Polapady made from his car while pursuing the bicycle-riding Belo south on Palmerston Ave.
 
“He tried to hit me on my head and chest,” Polapady responded.
 
Belo was hospitalized and treated for head injuries following the incident, but was not charged.
Another man, Justin Mitchell, was later arrested for stealing Polapady’s cellphone and other electronics from his car. He pleaded guilty to theft under $5,000 last April. That theft occurred four days before Polapady’s altercation with Belo.
 
In a series of photographs presented by the Crown, Toronto police officer James Thompson identified red welts on Belo’s legs and forearms and a bloody cut on his head.
 
Based on Belo’s statement, surveillance video showing a “physical altercation” and reports from officers on the scene, Thompson said police began to view Belo as the victim rather than Polapady.
Surveillance video played in court Friday shows Polapady wielding a stick and fighting with Belo behind the restaurant. At one point Polapady appears to punch Belo in the face. Belo then leaves on his bike, followed by Polapady in his car.
 
The portion of the video showing the tussle was provided to police by Polapdy’s defence lawyer, Calvin Barry, after it was broadcast on CBC in April.
 
Polapady is charged with assault with a weapon and assault causing bodily harm. A previous charge of “administering a noxious substance” was dropped.
 
The “Spice Man” case has garnered much attention because of its similarities to the “Lucky Moose” case, in which Toronto store owner David Chen was arrested after catching and tying up a shoplifter.
Chen became the face of the “citizen’s arrest” legislation passed last June that empowers ordinary people to make arrests within a reasonable time of the crime being committed, when there’s no option to have police do so. It also permits people to take reasonable actions — as determined by a judge — to defend their homes and families.