Cyclist’s claim of racial slurs in assault case rejected by judge

By Delon Shurtz - Lethbridge Herald on June 9, 2022.

LETHBRIDGE HERALDdshurtz@lethbridgeherald.com

A judge has rejected a cyclist’s claim that a motorist hurled racial slurs at him moments before he slashed the driver in the face with a knife.
Peter Ajang, who pleaded guilty in December to one count of aggravated assault, admits he attacked the driver after he hit him with his vehicle and hurled insults at him. However, following a hearing in April to relate the disputed facts, Judge Erin Olsen ruled Tuesday in Lethbridge provincial court that the driver did not provoke the attack by yelling at Ajang, “F— you, black man.”
“He did not utter racial slurs,” Olsen concluded. “Mr. Ajang, under the influence of alcohol, stressed and shocked, felt angry and vulnerable, and in that state of mind perceived a threat that did not exist.”
Olsen noted that the issue of whether the driver racially provoked the attack is important to Ajang, because it could have lessened Ajang’s sentence for aggravated assault.
“If (the driver) did say racial slurs to Mr. Ajang, it may reduce Mr. Ajang’s fault for the slashing. It may also help explain this otherwise excessive and violent attack.”
The Crown disputed Ajang’s claim, and the victim testified in April he never called Ajang any names and only apologized for striking him with his vehicle and asked if he was OK.
A dashcam in the vehicle shows the vehicle last August stopped on 2 A Avenue North before preparing to turn right onto 13 Street. While the driver is watching for traffic from his left, his vehicle slowly inches forward just as Ajang enters the crosswalk on his bike. The video shows the vehicle bumping into Ajang, who doesn’t fall down, then Ajang approaches the driver’s side of the vehicle – walking momentarily out of the dashcam’s view – before reappearing, getting on his bike and riding away.
One of two witnesses for the Crown was in a nearby vehicle and turning left onto 13 Street from 2 A Avenue, and saw the victim’s vehicle bump into Ajang. He heard someone say, “I’m sorry, are you OK?” Then he heard the upset cyclist yelling and saw him strike the driver in the face.
Another motorist who was stopped on 13 Street said he could tell the victim was concerned about the man he had just hit with his vehicle, but the cyclist, who was visibly irate, struck him in the face then rode off on his bike.
One of the witnesses followed Ajang until police caught up with him, while the other witness assisted the victim, whose injury was so serious blood poured from his face and he later required 17 stitches to close the three-inch gash on his left cheek.
As Ajang was being arrested he pulled out a knife and threw it on the ground. The knife, court was told, still had the victim’s blood on it.
Olsen said the Crown witnesses were credible and reliable, and neither man heard any racial slurs. The driver’s testimony was also reliable and consistent, and was corroborated by the other Crown witnesses.
Ajang’s evidence, on the other hand, was full of inconsistencies and exaggerations, Olsen said, and he was not a reliable witness.
The matter has been adjourned until Sept. 27 for sentencing. In the meantime, a pre-sentence report will be prepared to provide the court with Ajang’s personal circumstances to help the judge determine a fit sentence.

Follow @DShurtzHerald on Twitter