Calvin Barry Defends Rugby Manslaughter

Dead rugby player consented to force, defence lawyer argues

May 26, 2009 01:07 PM

Bob Mitchell
Staff Reporter

A Mississauga high school student, who died in a rugby game, knew he was playing a physical contact sport, the lawyer for a teen on trial for manslaughter said today.

Manny Castillo consented to having physical force exerted against him by the simple fact he entered the playing field that tragic day, defence lawyer Lisa White told a Brampton court.

Castillo, 15, died from a serious head injury a few days after hitting his head on the hard playing field during a junior rugby game on May 9, 2007.

A former Erindale player, now 18, has pleaded not guilty to manslaughter in causing the Lorne Park player's death.

For now, his identity is protected by Canada's youth laws. The Crown intends to seek an adult sentence if he's convicted, opening the door to his name being published.

Justice Bruce Duncan is hearing this Brampton case without a jury. He's expected to deliver his verdict on Thursday.

The defence concedes the accused pushed Castillo to the ground but didn't drive him head-first, as the Crown contends.

The accused's actions that day were justified because they were done in self-defence, lawyer Lisa White said in her closing address.

"There is overwhelming evidence the (accused) was put into a headlock by Castillo," White said. "The initial force applied by Manny - putting (accused) in a headlock, is clearly outside the rules of the game."
She said (accused) reacted. "He couldn't get out of the headlock," she said.

The force he then applied to Castillo to get out of the headlock was done in self-defence, she said.

"He was entitled to repel with force once he was put into a headlock. He didn't intend to hurt him in any way.

"He didn't provoke. He responded out of fear of harm and drove him back with reasonable force in self-defence."

It's the Crown's case the Erindale player, then 16, committed manslaughter when he lifted Castillo into the air, his feet facing upwards, and then killed him when he drove him head first into the ground.
Crown John Raftery said the deadly move was separate and apart from the normal play on the field.

"You can be sure there was a break (in action) between a play ending and (accused) injuring Castillo," Raftery said.

There was no doubt Castillo was "driven head-first" into the ground. "That is outside the law of the land," he said.

The ball was nowhere near them when Castillo was fatally injured, and the referee had already blown the play dead when the unlawful act on the field occurred, Raftery said.

Following the critical play, Castillo lay motionless, and was dying from severe head and spinal cord injuries.

As White and Raftery delivered their remarks, Duncan continually played the devil's advocate, questioning and challenging them on several points.

Among his questions.

— How was it that several witnesses testified they saw the accused running towards Castillo and grabbing or trying to tackle him before the alleged headlock took place.

— How was it that others never saw Castillo being driven into the ground. Wasn't what the accused did not an illegal tackle?

White said the fact the incident occurred on a rugby pitch takes it into an entirely different area from somebody assaulting a person on a street.

The Crown must prove Castillo didn't consent to physical force from his opponent for her client to be convicted of a deadly assault, she said.

Raftery agreed that if Duncan finds the accused reasonably felt he was in grave danger, then he could find there were grounds for self-defence. But he insisted the self-defence theory was inconsistent with the evidence.

He agreed if Duncan also finds there was one continuous play, and not a break in play, then he could also acquit him.

Before hearing submissions, Duncan asked both sides to provide a brief review of what they believe witnesses said during the two-week trial.

Various Crown and defence witnesses, including rugby experts and players, and parents, gave conflicting evidence as to what they saw during the incident that led to the young player's death.

The accused testified he fell on top of Castillo when he wrestled his way out of the headlock. He said he panicked because he couldn't breathe and reacted by pushing Castillo forward. He fell on top of him.

He denied intentionally hurting him. He said he was unaware he was injured when they both fell to the ground.

He never lifted him up or drove him head-first into the ground or boasted about it afterwards, as Crown witnesses said.

Castillo was later declared brain dead in hospital. He also sustained a bruised spinal cord, which would have been fatal had paramedics not attended.

The spinal cord injury occurred when his neck was flexed forward — not backward — beyond its range of motion, according to a neuropathologist

Had he survived, Castillo could have been paralyzed.

http://www.thestar.com/news/gta/article/640577