The manager of a Jack Astor’s restaurant in Toronto where a bar fight turned deadly testified that the accused were defending him after an unprovoked assault.
Trevor Jaijairam was the Crown’s first witness at the trial for Alexander Campbell and Tyler Josling jointly charged with manslaughter. Both have pleaded not guilty.
On July 11, 2022, police were called to the Jack Astor’s at Scarborough Town Centre for an assault in progress. When first responders arrived, they found 32-year-old Frank Harbalis suffering from life-threatening injuries. He was rushed to hospital where he died two days later.
Jaijairam said Harbalis had earlier scaled the glass partition wall on the patio of the restaurant and in the process he had lost his cell phone and was looking for it. Jaijairam said he met with Harbalis who was trying to tell his side of the story, in the entrance of the restaurant.
“I believe I asked him to leave a couple of times after handing him his cell phone. I allowed him to express his frustration,” Jaijairam recalled when he was suddenly punched in the face.
He said he jumped back before Harbalis, who seemed to be intoxicated, suddenly lunged towards him and he ran off screaming for help. Video surveillance of the interaction was shown in court.
“I was shocked obviously. I’m not a physical guy myself. I didn’t know if I had to retaliate myself. I was fearful not just for myself, also scared for my employees as well as the guests and customers in my restaurant,” Jaijairam explained.
At one point, he said he pushed Harbalis off with both hands causing him to fall against a table. Jaijairam recalled Harbalis was able to get up off the ground before he picked up a chair and came towards him.
Video captured Jaijairam running into the restaurant before Harbalis can be seen wielding a chair. He testified he was screaming either “help or stop” fearful as his attacker was coming towards him with the chair.
The manager testified it’s then that Campbell and Josling came in and helped subdue Harbalis but couldn’t say if it was a tackle.
“There’s grappling on the floor,” he said, adding he was holding his legs down by his ankles. “He was laying flat on his stomach. I was at his feet,” said Jaijairam.
“I remember saying thank you to both individuals.”
During cross-examination, Campbell’s lawyer, Peter Thorning asked if he was grateful for Campbell’s help.
“One-thousand percent,” responded Jaijairam.
When Thorning asked what would have happened if Campbell had not assisted, the manager responded “I don’t know. There would have been more physical altercation for sure. I don’t want to speculate.”
Jaijairam testified he believed his life was in danger. He also recalled a discussion about using an ethernet cable that someone brought over and he tried to wrap it around Harbalis’ legs but they realized it was a piece of rubber and it wouldn’t do anything.
Josling’s lawyer Marco Sciarra asked if anyone punched or kicked Harbalis when they held him down. Jaijairam replied no.
“At any point did you appreciate the injuries Harbalis suffered? There were no yells of distress?” asked Sciarra. “Not to my recollection,” Jaijairam replied.
Adrian Raghubeer, a customer who was at the restaurant that night testified he saw a man in red with a chair fending off three people. He went over and saw three people with one person on the floor before returning to his table. Raghubeer said he then went back to see what was going on because there was silence.
“One person was choking. The other person was lifting the arms up,” Raghubeer said speaking about the man on the floor.
Crown attorney Andrew Pilla asked him what Raghubeer heard.
“Put him to sleep,” he recalled.
Pilla asked which person said that. “The one who was lifting the hands up,” said Raghubeer who added at that point man on the ground was motionless.
Raghubeer said he spoke to someone from Jack Astor’s and asked for help because the man was either unconscious or not breathing. It’s then he decided to call 911.
The trial continues.