Judge to consider issue of self-defence in soccer assault trial

A judge agreed Wednesday to consider the issue of self-defence in the aggravated assault trial of a Sault Ste. Marie soccer player who injured a competitor during a recreational league game three years ago.

Joshua Gauthier, 39, pleaded not guilty to the charge during a three-day trial that took place in April.

After hearing testimony from a number of witnesses, including the complainant and the accused, and the lawyers' closing arguments on April 14, Superior Court Justice Edward Gareau reserved his decision until Aug. 10.

Lawyer Don Orazietti told the court Wednesday that as "an afterthought" he had realized he hadn't offered the claim of self-defence in his submission and "perhaps there is a potential for it" in this case.

"Assuming the court rejects the argument" that what Gauthier did was "a reflex action," he said he wanted to offer the alternative defence.

Noting he has received written submissions and case law from Orazietti and assistant Crown attorney Matthew Caputo on the issue, Gareau said he will consider it in his deliberations.

The charge stemmed from an incident that occurred July 8, 2019 during a soccer match at Strathclair Field.

Adam Erickson testified at the trial that Gauthier had punched him in the face when they were challenging each other for the ball.

The blow fractured his right eye's orbital bone, his eye was swollen shut and the injury required 18 stitches.

The 30-year-old complainant denied pushing Gauthier.

When the accused took the stand, he told the court that Erickson had pushed him twice from behind.

Gauthier said he turned and it happened in the blink of an eye.

"I do not believe I had a fist at that time. It happened so fast and he was close to me. I was in absolute shock. I thought I had just poked him him in the eye."

Orazietti argued that Gauthier shouldn't be convicted of the charge.

What occurred resulted from an aggressive reflex action, he maintained.

It was a reaction to a vigorous, illegal check from Erickson as the two players were competing for the ball.

In his submission, Caputo questioned whether Gauthier's action was reflexive or retaliatory.

Describing Gauthier punching the complainant squarely in the eye as a reflexive action "is so unreasonable that it does not have an air of reality," the prosecutor said.

The accused committed aggravated assault and the defence is asking the court to set a dangerous precedent if a punch to the face, which is outside normal play in soccer, is considered a reflexive action, Caputo argued.