CALGARY — Dustin Paxton will not be testifying in his own defence at his torture trial in Calgary.
Lawyer Jim Lutz told the court Tuesday that he will be calling no witnesses in the trial, which is now in its eighth week.
But he did serve notice that he would be seeking a judicial stay of proceedings relating to the late disclosure of evidence and the handling of a Crown witness.
If the judge were to grant a judicial stay, which occurs only in rare circumstances, the trial would end.
The court was scheduled to sit briefly on Wednesday to set a date for arguments on the motion.
Paxton, 31, is charged with aggravated assault, forcible confinement and sexual assault. His alleged victim has detailed how he was beaten daily, forced to perform sexual acts and starved over a two-year period when he and Paxton were business partners and roommates.
The man was battered, bruised and severely malnourished when he was dropped off at a Regina hospital in April 2010.
The Crown also wrapped up its case.
The final witness was human captivity expert Kris Mohandie, who said the alleged victim in a torture case was probably suffering from learned helplessness and the belief there was no escape.
Mohandie, testifying via video from Los Angeles, said abuse victims sometimes believe that trying to leave will end in punishment.
“They don’t leave because they believe they are incapable of escape,” said Mohandie, a forensic psychologist who has worked on cases involving O.J. Simpson and the stalker of filmmaker Stephen Spielberg.
“He believed if he did what Mr. Paxton wanted he would be beaten less.”
Mohandie was brought in by the Crown to try to explain why the victim didn’t leave his alleged attacker. Lutz, during his cross-examination, pointed out the 28-year-old was free to leave whenever he wanted and was not a prisoner. He also pointed out the roommate was the person in charge of hiring for the business he and Paxton owned.
“There were often different levels of slaves in history,” said Mohandie. “Ultimately it is the person who is the top dog who is directing it.”
He stopped short of saying there was evidence of slavery in the Paxton case, but added there were “similar dynamics going on.”
“It appears he was under the thumb of Mr. Paxton if the evidence is true.”