A Crown prosecutor played a video recording of the incident that was shot by a reporter across the street and later posted on Youtube, on the first day of the trial on Monday.
The recording shows Buddy Tavares on his knees beside his truck, after he had been pulled over by police.
Tavares looked like he was moving his arms towards the pavement as the blow was apparently struck by Const. Geoff Mantler.
Tavares had been pulled over following a report of shots fired at a Kelowna golf club where he used to work. Mantler was on plainclothes duty and was one of the officers to confront Tavares.
Mantler's lawyer also focused in the video in court Monday, slowing it down so it could be viewed frame by frame. The lawyer pointed out three frames where Tavares appeared to start moving his hands up and away from the ground before he is kicked.
Court adjourned for the day before the defence could argue about the significance of Tavares’s apparent hand movements.
Outside the courtroom, Tavares said the January 2011 incident has left him with recurring headaches.
Tavares said he has no recollection of the moment Mantler allegedly kicked him, but he said he has seen the video.
"I'm getting better,” Tavares told CBC News. “I get those vicious headaches, but I carry drugs with me all the time for that.”
The trial, which continues Tuesday, is expected to last two weeks.Suggest a correction