Accused not guilty of Willow Ave. clown mask assault

Citing numerous discrepancies in the complainant's testimony at a young man's April assault trial, a judge found Zander Brown not guilty of the charges Tuesday.

"I simply don't know what to believe," Ontario Court Justice Heather Mendes concluded, indicating she's not convinced beyond a reasonable doubt that Brown was the person who committed the Sept. 11, 2021 assault.

The complainant's "evidence changed throughout his testimony," she said, and his recollection of the incident isn't clear.

Brown, 20, was charged with assault with a weapon, carrying a dangerous weapon, and attempted theft while armed with an offensive weapon. 

During the trial, the court heard testimony from three Crown witnesses, including the complainant.

He told the court he was hanging out and doing drugs with some people at a Willow Avenue residence when he was attacked.

Defence lawyer Jessica Belisle didn't call any evidence.

Mendes pointed to several discrepancies in the complainant's testimony.

He initially said he was hit in the head with a crowbar, but at the trial testified he had later realized he been struck with the butt end of a machete.

Initially, he stated he had been hit once in the head, but later said he had been struck five or six times.

He testified that every time he was hit "his vision went black," and that his head was covered with blood, but never sought medical treatment, the judge said.

The complainant indicated he didn't really know Brown, but further along in his evidence said they had hung out maybe 10 to 15 times, and also agreed they had

hung out in high school.

He said Brown was wearing a clown mask, which he also described as a Joker mask.

Then later, he testified the accused was holding the mask in one hand as he struck him with the machete.

At this point, he said he let the assailant take his stuff, including a silver chain.

Mendes noted he later said nothing was taken.

The court heard the complainant was using marijuana and cocaine that day.

During cross-examination, he said he didn't have an independent memory of being hit on the head with the machete, and indicated he had heard this from another male who was there.