An MMA fighter that was allegedly injured in a traffic accident in Vancouver has successfully appealed for a new trial after his witness report was previously deemed unreliable.
45-year-old Garett Davis was riding his bike along a street in Vancouver when he came into contact with a car driven by Navaratnaraja Jeyaratnam. The MMA fighter alleged that Jeyaratnam was responsible for the accident, while the driver maintained that Davis was at fault.
In an effort to clarify the differing stories given by both parties, Davis decided to have witness Abide Isse interviewed as evidence. The interview was conducted by Ian Carter, but the recording of the conversation was lost, and only handwritten notes were available for use in court.
According to the report from Canadian Lawyer, Davis elected to rely on the notes from the interview as evidence rather than produce an in-person witness.
New Trial Ordered
The MMA fighter’s decision to present the interview notes as evidence rather than an actual witness drew immediate skepticism from the court. After reviewing the admissibility of the details from Isse’s interview, the judge dismissed Davis’s account of events and found him responsible for the traffic accident.
This result prompted an appeal from Davis on the grounds that the judge had fixated on Carter’s efforts to transcribe the interview, rather than focus on the actual details of the statement.
The British Columbia Court Of Appeal subsequently reviewed the situation and established that efforts to locate Isse for an appearance in court had failed due to his having left the country. Under these circumstances the transcription of the interview had to be considered trustworthy, although the court did admit that Carter was at some fault for having lost the recording.
Ultimately, the court found that the judge in the original trial had not properly considered the evidence presented by the MMA fighter and deemed that a new trial was necessary.
Davis is a veteran of nearly 30 professional MMA bouts. After debuting in 2002, he had his best run of success during a 7-fight win streak from 2005-2006. “One-Two” last competed in 2013 when he was head kicked 6 seconds into a fight with Elmer Waterhen at KOTC: Monster Smash.
What do you think about Davis’s successful appeal for a new trial after allegedly being struck while riding his bicycle?