The trial of Ryan Milne continued in Moose Jaw provincial court on Tuesday with cross-examination of the victims and closing arguments.
Milne faces charges including dangerous operation of a motor vehicle causing bodily harm, assault with a weapon and uttering threats.
The incident took place May 30, 2024, when police allege the driver of a pickup truck deliberately rear-ended another pickup at a high rate of speed at the intersection of Thatcher Drive and Highway 1, then attempted to assault the other driver with a baseball bat.
Defence lawyer Olamide Ben-Ajayi cross-examined Shannon Hanson, Milne’s former spouse, and Brett Jean, Hanson’s boyfriend, after receiving new disclosure about their injuries. Ben-Ajayi tried to downplay the injuries, arguing they did not amount to bodily harm.
Hanson told the court she suffered soft tissue injuries to her shoulder and hip area and had been seeing her family doctor, a physiotherapist and a chiropractor.
Ben-Ajayi asked Hanson if she stopped treatment. She said she did around November because she fell into a “slumber” while dealing with the loss of her dog and her job.
He also asked about treatments for her daughter, who was in the vehicle at the time. Hanson said she made the decision to stop her daughter’s treatments.
Jean testified he also stopped treatments in November because it was becoming a “hassle” with his work.
Ben-Ajayi presented a report to Jean stating he had no fractures or dislocations and that everything was in alignment. He also implied Jean was completely non-compliant with his treatment plan.
Crown prosecutor Rob Parker re-examined Jean to confirm he attended treatments when he could. Jean told the court there was no formal plan for his treatment.
In his closing arguments, Ben-Ajayi said Milne and Hanson’s relationship, in which they share three children, had broken down and Milne was in a state of emotional distress. He said Milne had attempted suicide, his mental health was fragile, and he suffered an emotional collapse the day of the incident.
Ben-Ajayi admitted Milne followed the vehicle to see what was going on, but argued his mental state did not allow him to fully depress the brake pedal.
He again argued the victims suffered only stiffness and soreness, but no serious injuries that could amount to bodily harm.
In his closing statements, Parker said it was clear it was a traumatic time for Milne as his marriage broke down and he felt betrayed by someone he thought was a friend, and that Milne was clearly “a broken man.”
Parker conceded the incident was not a calculated event.
“I don’t think he was actively hunting for them on the day of the incident,” Parker said.
He told the court Milne was behind the truck in the McDonald’s drive-thru. Parker said Milne testified he saw Jean but not Hanson, which he found hard to believe.
He added that video and witness testimony showed Milne driving in a reckless manner on Ninth Avenue Northeast and Thatcher Drive, including through a four-way stop. Parker said witnesses also testified Milne made no attempt to slow down before the collision.
As for the injuries, Parker pointed to the Criminal Code and noted that if the victims were prescribed treatments, it would fall under bodily harm.
He told Judge David Chow that even if Milne’s version of events were accepted, there was still enough evidence to convict him of the lesser offence of dangerous driving.
As for the baseball bat, Milne testified he grabbed it in self-defence. Parker said witnesses viewed it as one transaction, and that Jean hit Milne with the bat in self-defence before discarding it into the ditch.
As Chow announced he was reserving his decision until October, Milne burst out about having to remain in jail longer over “a car accident,” calling it a miscarriage of justice. Chow eventually said he was “done” with him and had him sent back to cells.
Chow reserved his verdict for Oct. 21 in Moose Jaw provincial court.