Application for jury to see photo of Myles Gray's injuries made too late: coroner

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BURNABY, B.C. — The British Columbia coroner presiding over the inquest into the death of Myles Gray says the jury won't be allowed to see a photo of the man's injuries because the application was made too late.

Coroner Larry Marzinzik says his view on admitting photos would have been "very different" had the lawyer for Gray's family, Ian Donaldson, brought it up earlier.

Gray, who was 33 years old, died in August 2015 after a beating by police that left him with injuries including ruptured testicles and fractures in his eye socket, nose, voice box and rib.

The 10-day inquest is expected to finish today, and there was no application for photos to be admitted before testimony from officers involved in the struggle to restrain Gray or first responders who tried to revive him.

Marzinzik says there is no longer an opportunity for witnesses to provide context of the photo to the jury, and evidence of the injuries Gray sustained have been well-documented through other materials.

He agreed with Donaldson that the photo would most likely have added value for the jury at the proper time, but not on the day the inquest is set to end.

Before outlining his decision not to allow the photo, Marzinzik told the inquest he was "torn between complete transparency and proper procedure."

Dr. Matthew Orde, the forensic pathologist who performed an autopsy on Gray, testified Thursday that a "perfect storm" of factors led to his death, including his extreme physical exertion and the actions of police to restrain him.

"What we can say with some degree of certainty ... is I don't think he would have died when he did had it not been for the police interaction on that day," Orde said.

This report by The Canadian Press was first published April 28, 2023.

The Canadian Press