Two Richmond brothers charged with beating two gay men while allegedly yelling homophobic slurs at them should be convicted of assault causing bodily harm, court heard Wednesday.
Ravinder "Robbie" Bassi and Parminder "Peter" Bassi are on trial on the charges, arising from an attack outside the Keefer Street condo of David Holtzman and Peter Regier in June 2010.
Crown prosecutor Kirstin Murphy told Vancouver Provincial Court that the brothers were identified by the victims and two witnesses, and photos of them running from the area were captured on surveillance video. The two brothers have pleaded not guilty.
The Crown, which has to prove beyond a reasonable doubt that the two attackers were the Bassi brothers, told court the victims had given statements to police describing their attackers before police released a photo of the suspects. She said later descriptions after the release were consistent with the earlier statements and the identification of the brothers weren't influenced by the photos.
The Bassi brothers' lawyers on Tuesday tried to have the police photo thrown out of evidence, arguing the photo was too dark and grainy for an ex-boss of Ravinder's to be certain it was him.
But Judge Raymond Low allowed the photo to stand as evidence.
Court also heard more details about the attack.
Holtzman, who died earlier this year of a heart attack, and Regier had returned home from a concert to find a man, whom they allege was Ravinder Bassi, urinating on their condo.
Holtzman said, "Do you really have to do this here? This is my home."
Holtzman said Ravinder asked him if he was a "fag" and if he was serious.
"Yes, I'm a fag, and, yes, I'm serious," court heard Holtzman replied.
He said Ravinder made an obscene invitation to Holtzman, to which Holtzman replied, "In your dreams."
Parminder then alerted Ravinder that Regier was taking a photo of Rav-inder urinating, and Ravinder attacked Regier, letting out a "crazy, maniacal laugh," Crown told court.
Ravinder repeatedly hit Regier in the face and head with closed fists despite Regier saying, "OK, that's enough."
Parminder joined in the beating and Regier started to crouch down as he fended off blows to his torso, at which point Parminder kneed Regier in the face, witnessed by a passerby.
Holtzman was also repeatedly struck and ended up curled up in a planter in front of the building.
The victims said their attackers yelled, "F---ing faggot, I hate you," and a passerby witness heard the homophobic slurs, court heard.
Vancouver police had said at the time that they investigated the case as a hate crime, but no related charges were laid.
Regier's injuries included a cut to the head that needed staples, a concussion, cuts and bruises, while Holtzman suffered cuts, chipped teeth and headaches that lasted for a year.
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