New trial ordered in personal injury case involving MMA fighter

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An MMA fighter who was allegedly injured in a traffic accident in Vancouver has successfully appealed for a new trial after his witness report was previously deemed unreliable.

Garett Davis, 45, was riding his bicycle on a Vancouver street when he came into contact with a car driven by Navaratnaraja Jeyaratnam. The MMA fighter alleged Jeyaratnam was responsible for the crash, while the driver argued Davis was at fault.

In an effort to clarify the different stories told by the two sides, Davis decided to have witness Abide Isse questioned as evidence. The interview was conducted by Ian Carter, but the recording of the conversation was lost and only handwritten notes were available for use in court.

According to the report of Canadian lawyerDavis chose to rely on the interview notes as evidence rather than produce an in-person witness.

New essay ordered

The MMA fighter’s decision to present the interview notes as evidence rather than an actual witness drew immediate skepticism from the court. After reviewing the admissibility of Isse’s interview details, the judge dismissed Davis’ account of events and found him responsible for the traffic accident.

This result prompted Davis to appeal on the grounds that the judge focused on Carter’s efforts to transcribe the interview, rather than focusing on the actual details of the statement.

Davis (left) began his MMA career in 2002. (YouTube)

The British Columbia Court of Appeal later reviewed the situation and found that efforts to locate Isse for a court appearance had failed because he had left the country. Under these circumstances, the interview transcript had to be considered trustworthy, although the court accepted that Carter was at fault for losing the recording.

Ultimately, the court found that the original trial judge failed to properly review the evidence presented by the MMA fighter and deemed a new trial was necessary.

Davis is a veteran of nearly 30 professional MMA fights. After debuting in 2002, he had his best streak of success during a 7-fight winning streak from 2005 to 2006. “One-Two” last competed in 2013 when he was hit in the head 6 seconds into a fight with Elmer Waterhen at KOTC: Monster Smash.

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