Trial on hockey assault charge opens in Victoria

A B.C. court will once again decide whether a hockey fightconstituted a criminal assault.

The trial of Robin Gomez, a former player for the Victoria Salmon Kings, began Mondayin B.C. Provincial Court in Victoria. Gomezwas charged with assault causing bodily harm after a fight at a home game in March last year

Chris Ferraro,a star forward with the Las Vegas Wranglers, alleges Gomez sucker-punched him, causing him to fall and hit his head on the ice.

During testimonyMonday, the East Coast Hockey League player said he had no memory of the incident.All he could remember, Ferraro said, waswaking up on a medical table andgetting eight stitches to the back of his head.

Hesaid his injuries includeda moderate concussion and Bell's palsy, a temporary paralysis of the left side of his face, for five weeks.He said hestill has problems with his left eye and ear.

During cross-examination,Gomez's lawyer,Alexander Watt, asked Ferraro how this fight was any different from others that don't result in charges. Ferraro answered that Gomez was on the bench when he suddenly jumped on to the ice and surprised Ferraro with the punch.

Ferraro admitted he and Gomez had "exchanged words" earlier in the game, but Ferraro denied those words provoked the punch.

The trial is expected to finish this week.

In June2004, Todd Bertuzzi, then withthe Vancouver Canucks, was charged with assault causing bodily harm for his on-ice attack in Vancouver on Colorado's Steve Moore, whichleft the Avalanche player with neck injuries that ended his career in the National Hockey League.

Bertuzzi was eventually convicted, given a conditional discharge and ordered to do 80 hours of community service.

In May2007, a judge in Bathurst, N.B., cited the Bertuzzi case in sentencing Annick Noel, 19, who hadpleaded guilty to a charge of assault causing bodily harm after her cross-check sent another high school hockey player to hospital.

That chargecarries a punishment of up to 10 years in jail, butJudge Roger MacIntryre said he could not give Noel a stiffer sentence than Bertuzzi. Hegranted the conditional dischargeand sentenced Noel to 40 hours of community service.