Monday, April 22, 2013

Calvin Barry Defends Spice Man


Spice man trial: ‘It felt like I was swallowing hot coals’


Manuel Belo, the man allegedly hit in the face with spices by a Toronto restaurateur, took the stand Friday in the continuing “spice man” trial.

Restaurateur  Naveen Polapady  is accompanied by wife Snigdha as he arrives for a court hearing in Feburary. Polapady is facing assault charges related to a violent tussle outside his restaurant in 2011.Restaurateur Naveen Polapady is accompanied by wife Snigdha as he arrives for a court hearing in Feburary. Polapady is facing assault charges related to a violent tussle outside his restaurant in 2011.


Manuel Belo hopped off his bike behind an Indian restaurant on Bloor St. W. early on a Sunday morning in 2011.

The 50-year-old was looking for empty bottles or cans in the recycling bins, as he does a few times a month in the alley that runs parallel to Bloor.

He thought he saw two empty liquor bottles — but was mistaken. He was getting on his bike to leave, when someone came up behind him and threw a substance like “watered-down spaghetti sauce” in his face.

“I couldn’t see anything at all, my eyes were stinging,” he told the court Friday afternoon as the so-called “spice man trial” continued. “It felt like I was swallowing hot coals.”

He couldn’t see who it was: “my sight was impaired, my breathing was impaired.”

“Stop. I’m just collecting empties,” he told the court he yelled. But then he felt a stick hit him, and a man’s voice yell repeatedly “where is my GPS?”

He felt the stick crack on his forearms, he testified. The man also hit him directly on his baseball-hat covered head, causing him to need stitches, Belo said.

The violent altercation, where Belo said he attempted to punch restaurateur Naveen Polapady though he was unable to see clearly, was caught on surveillance cameras operated by Polapady.

Polapady is facing assault charges related to the violent tussle that began with throwing what he calls “chicken masala” at Belo’s face.

Polapady has said he mistook Belo for a man he caught on video breaking into his car on Aug. 17, 2011. That man — Justin Mitchell, an acquaintance of Belo’s — was later arrested and pleaded guilty to theft under $5,000 last April.

However, Polapady’s lawyer Calvin Barry contends that Belo was trying to break into Polapady’s van that Sunday morning, and had the day before attempted to open the back door to the restaurant. Polapady lives above the restaurant with his family. Belo denies he made any attempts to break into Polapady’s property.

Belo — accompanied to court Friday by his tearful mother and brother — is a bricklayer by trade who has lived most of his life on Palmerston Blvd., a five-minute bike ride away from Polapady’s restaurant. He has been convicted on one charge of break-and-enter and two charges of attempted break-and-enter in 2006.

At the time he was addicted to crack and abusing alcohol, he told the court. However, the nine days he spent in jail and subsequent community service helped get him clean, he said.

Since Aug. 21, 2011, Belo no longer collects empty bottles and cans even from the park, he told the court. “Knowing my luck the squirrels would say I was trying to steal their chestnuts and I’d end up with rabies shots instead of stitches.”

The trial resumes in June.

The “spice man” case has grabbed attention for is similarities to the “Lucky Moose” case, in which Toronto store owner David Chen was arrested after catching and tying up a shoplifter.

Chen became the face of the “citizen’s arrest” legislation passed last June that empowers ordinary people to make arrests within a reasonable time of the crime being committed, when there’s no option to have police do so. It also permits people to take reasonable actions — as determined by a judge — to defend their homes and families.