An educational assistant accused of assaulting a student with special needs was back in a Barrie court on Tuesday, where testimony included a phone conversation about how the student got hurt.
Corey Stibbard was on a field trip in 2014 with Riley Dooley – a student who has autism – when Dooley suffered a broken leg.
The court has already heard from an orthopedic surgeon, who testified that Dooley’s break appeared to be from a blow to the leg and not a slip and fall. On Tuesday, one of Stibbard's coworkers added to that theory.
John Oostrum, who also worked with Dooley, said something felt off when he learned of the injury.
"I felt there was something off about the conversation. It didn't make sense to me how Riley got hurt. He was fairly agile."
Because of that gut feeling, he secretly recorded a conversation with Stibbard. The audio was muffled, but the transcript reveals Stibbard saying, "I kicked him in the ass, right? He went down and yeah, it was not good news."
Oostrum said he was shocked when he heard this,.
“This is a vulnerable person we are supposed to take care of. We’re supposed to be protecting these students."
In the weeks that followed, Oostrum said Stibbard asked him to write in Dooley's “home book”, where notes are sent to parents.
"He asked me to put in 'Riley's shoes were poor', or 'Riley falls.'"
However, Oostrum never wrote in the home book, and didn't tell him he had recorded any of their conversations. Oostrum told the court, “Corey asked if I did what I said I would on the phone. I said yes."
"Were you being honest with him?" asked the Crown. Oostrum responded by saying no. The Crown asked why?
“Because I was afraid of him," he said.
The defence has argued that Dooley's bone density was a factor in his injury, saying it was lower than normal because of long-term medications he was on. The defence has also questioned Dooley's behavior as a factor.
The defence hasn't stated who, if anyone they will call to the stand. Stibbard has pleaded not guilty to assault causing bodily harm.
This trial resumes at the end of June.