[13] When one sees the video, which has been played in this proceedings and been shown from a number of angles, it shows that Bertuzzi approached Mr. Moore, who did not have the puck. Bertuzzi seems to be talking at Moore, and Moore continues to skate, not hard, but glides away from Bertuzzi. They start out in the Canucks' end of the ice. They then move down to the other end, the Colorado end. Bertuzzi continued to say things to Moore, apparently attempting to get him into, or talk him into, or goad him into engaging in a consensual fight. The play then once again moved back towards the Canucks' end, and Moore turned and began to head in that direction, again appearing to ignore Bertuzzi. Bertuzzi reached out with his left hand and dropped his stick from his right hand and struck Moore very hard from behind and on the side, landing the blow, it looks like, in the right temple of Moore.
[14] Much has been made of whether or not Bertuzzi intentionally grabbed Moore's sweater for the purpose of pulling him back and, in essence, pulling him into the punch. From my observations of the video, I could not draw that conclusion. It seems to me that an equally consistent explanation is Bertuzzi grabbed the sweater of Moore to stop him.
[15] After the punch lands, Moore falls, with Bertuzzi falling on top of him. Very quickly thereafter members of both teams join on to what is really a dog pile. After the referees become involved and pull the others off, it is clear that Mr. Moore is lying in a prone position on his chest. There is blood on the ice, and he is in obvious severe discomfort and pain.
[16] With respect to whether or not the defendant intentionally rode Moore to the ice, that is not a conclusion that this court could draw, nor is it one which the Crown urges the court to draw.
[17] As is shown in the video, at the time Bertuzzi let go of the stick in his right hand, the stick fell to the ground. It appears that his left foot mounted that prone stick at the time he punched Moore. Bertuzzi's falling forward is equally consistent with him having lost his balance from having stepped on his own stick.
[18] Nonetheless, I am satisfied that the injuries to the head and to the neck, and indeed other injuries that may have occurred, are directly or indirectly related to the punch. Had he not made the punch, then they wouldn't have gone to the ice.