Witness in Osoyoos manslaughter case claims alleged killer says beating was 'not an accident'

The trial of an Osoyoos man accused of beating his wife to death took another turn Wednesday, as Penticton Supreme Court heard witness testimony that the incident was "not an accident."

Tina Seminara, 61, was found unresponsive in her home on April 8, 2020. She was taken off life support later that month, and her husband Roderick Flavell is now facing a manslaughter charge.

His trial began Monday, and Crown prosecutors have spent the past few days painting a picture of Seminara's last moments, starting by interviewing police officers who met Flavell at the local RCMP detachment when he arrived, with what a cop said looked like bloodstains on his shirt, saying his wife wasn't "doing well."

Court previously heard the first officer on scene describe a scene of disarray at Flavell's home, and EMTs describe Seminara's lack of response and signs of brain injury. The doctor who met her at South Okanagan General Hospital corroborated the lack of response, as well as a huge gash on her leg, and swelling and bruising on her face.

On Wednesday morning, the Crown called Dr. Matt Petrie to the stand, who met Seminara at Kelowna General Hospital on April 9 after the decision was made that her injuries were too severe to be treated in the small Oliver hospital.

Petrie testified she had bruising to the right side of her face below her eye just above the cheekbone and said tests done to determine neurological activity did not look good.

"There was no pupillary response, the pupils were non-responsive when light was shone upon them," he said.

"There was no gag reflex, which is another neurological function that we test."

Seminara also had no response to stimulus tests in both arms and legs. He said it was "unlikely" these symptoms were related to a heart attack, after completing a battery of tests.

During Petrie's time with Seminara under his care, a machine was breathing for her. He said oxygen deprivation resulting in brain damage was likely.

He could not conclude a theory as to the cause of her condition, adding she was treated with seizure medication in case that was part of the issue.

He said he did not see any specific evidence of blunt force trauma to the brain, explaining "I would have expected to see more evidence of that on imaging” like bleeding in the brain, or a skull fracture.

Petrie concluded his testimony by saying at the time he left Seminara's side on April 9, in his professional opinion, it did not seem likely her neurological symptoms were reversible.

The trial continued Wednesday afternoon with testimony from an Osoyoos couple who described themselves as longtime friends and former neighbours of Seminara and Flavell.

Patricia Zeleny described hearing the news "something bad" had happened the day after Seminara was found, and rushing to Seminara's home only to find it corralled by yellow police tape.

She said she had known Seminara for more than a decade, and described her as a "very good friend."

"Tina was a very outgoing person, she was a loving person, she was passionate, she was smart,” Zeleny said.

“A good sister, a good daughter, a good wife, who loved animals and cared deeply for her community."

When she heard something was wrong, her first thought was that Seminara would want to be sure her beloved dog Whiskey was safe, so she asked police officers on scene whether she could take the dog home.

She was eventually allowed, testifying that the open-concept living room of Seminara and Flavell's home was littered with broken glass.

A month later, she and her partner met Flavell, out on bail, at the home's garage.

"The first thing I said to Rod was that I was so angry with him,” Zeleny said.

"I asked him if it was an accident. He said 'No it was not.'”

She said he was "uncomfortable" and "fidgeting." When asked about details including the broken glass, Flavell said he threw a vase and intended to walk away from the argument as usual.

"I obviously wanted to know what had happened, I gathered he probably couldn’t say a lot, but I had to ask my question," Zeleny said.

The Crown will continue presenting its witnesses Thursday. Lawyers for Flavell will formally present their case after the Crown rests.

Flavell has pleaded not guilty.