The defence lawyer says that, based on the evidence heard at trial, Jeffrey Allaire “was the aggressor” in the brief fight.
A defence lawyer argued Thursday morning his client on trial for manslaughter at the Montreal courthouse was acting in legitimate self-defence during a fight in LaSalle that left a 48-year-old man dead three years ago.
Stephen O’Toole, 41, of LaSalle is charged in the death of Jeffrey Allaire. The victim died following a brawl with O’Toole that broke out while they were gathered with friends at a residence on Oct. 31, 2021.
On Thursday, defence lawyer Benoît Cliche began making closing arguments in the trial before Quebec Court Judge Bruno Ménard. He asked that his client be acquitted of manslaughter and said O’Toole was defending himself during a fight he didn’t start.
Cliche argued that, based on the evidence heard at trial, Allaire “was the aggressor” in the brief fight. He said the two men had been friends for a year and a half before Allaire died and that they often played music together.
Earlier in the day in question, Cliche said, the two men even hugged before they ended up at their friend’s residence on David-Boyer St. in LaSalle where a couple of their friends were playing instruments like drums.
At one point during the gathering, Cliche said, O’Toole stepped outside to smoke a cigarette and Allaire followed him. At least one witness who testified said Allaire was not a smoker.
Another witness testified that they heard Allaire say: “You better never do anything toward my sister” as he followed O’Toole outside to the porch.
Cliche argued that O’Toole is the only witness who could talk about “the entirety” of what happened once he and Allaire were outside.
O’Toole told the court that Allaire first punched him square in the face and then delivered a second blow to one of his eyes. He said he responded by punching Allaire and then pushed him backward into a garbage can.
Allaire died shortly after he fell.
Cliche noted that when O’Toole testified he said he had no idea why Allaire punched him, that the victim’s mood had changed in the hours before the brawl and that he became “weird” after the change. He also noted the autopsy on Allaire’s body revealed he had consumed a lot of alcohol and cocaine before he died.
Prosecutor Philippe Vallières-Roland argued that Allaire’s father, Richard Allaire, testified that O’Toole delivered “a good dozen punches” to the victim during the fight.
He also reminded the judge that one witness quoted O’Toole as having said during the fight: “I knocked the s–t out of you, bro. Look at your face.”
“Is that the image of a man who just defended himself,” Vallières-Roland asked the judge while making his arguments Thursday afternoon.
The prosecutor also noted that a pathologist who testified said there were five points of impact found on Allaire’s face, including a broken nose, when the autopsy was done and that O’Toole admitted he struck the victim at least a couple of times inside the residence and another couple of times when they were outside. Vallières-Roland also reminded the judge that the pathologist said the injuries Allaire suffered when he fell backward into a garbage contributed to the victim’s death.