NEWS
10/27/2011 06:14 EDT | Updated 10/28/2011 02:26 EDT

Paxton Erupts In Rage At Calgary Torture Trial

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Dustin Paxton exploded with rage, uttering obscenities in a Calgary court Thursday during testimony from a TV cameraman who lived below him and his alleged victim in Regina.

Paxton, 31, is on trial for the physical and sexual assault and forcible confinement of his former roommate and business partner.

As Dann McKenzie testified at the Calgary Court of Queen’s Bench, Paxton could be heard repeatedly calling him a derogatory name.

McKenzie lived in the unit below the one Paxton and his alleged victim lived in.

McKenzie testified that he had run-ins with Paxton on numerous occasions — over laundry, parking and noise.

As McKenzie left the courtroom, Paxton erupted in rage, hissing an obscenity as McKenzie walked by.

Then, as Paxton was led out of the courtroom, and the door was closing, he let out a thunderous roar of anger.

Subsequent yelling could be heard even out in the hallway.

Justice Sheilah Martin later told Paxton that the clerk has a very sensitive microphone and could hear his slurs.

"If you say something under your breath, she can hear it, I've been asked if that should be put on the record. I've said no. But I think sir you should be aware she can hear it," said Martin.

Witness recorded noise

McKenzie reported constant noise, including one person yelling, ordering someone around, and what sounded like hitting.

One night, McKenzie went upstairs and recorded the sounds on his cellphone.

The tape was admitted as evidence Thursday. It's hard to hear but someone on the tape is yelling "close your eyes" or "shut your eyes."

That phone was later taken by police, but not before McKenzie made another recording of it with his TV camera.

Paxton's lawyer Jim Lutz contended McKenzie must not have been as concerned as he now claims since he never called police.

He also painted McKenzie as someone who has enjoyed all the media attention he's received.

McKenzie said on one occasion he banged on the ceiling. Paxton came down, knocked on his door and they had a confrontation.

Paxton's alleged victim had been dropped off at a Regina hospital beaten, brain damaged and weighing just 87 pounds — down from 210 pounds. He was also mutilated, missing most of his bottom lip and part of his tongue.

A publication ban prohibits naming the alleged sexual assault victim and other witnesses that could lead to identifying him. The victim is scheduled to testify Monday.