The Russian student who was so badly beaten he suffered permanent brain damage at the Calgary Remand Centre is being blamed for the attack.
The accusations are made in a statement of defence filed in connection with a lawsuit seeking damages for the injuries suffered by Denis Telyakov in 2012.
Telyakov, who as 24 years old at the time of the attack, was a foreign language student in Calgary when he was arrested in July 2012 and charged with uttering threats against another student.
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His charges were eventually withdrawn but while he was at the remand centre awaiting bail he was assaulted.
The lawsuit was filed in July on behalf of Denis Telyakov and seeks unspecified damages against several defendants including the province, the director of the remand centre and the two inmates who were charged in connection with the beating.
Justin Brett Decoux pleaded guilty but charges against Kei Hu Mang were dropped.
The statement of claim alleges corrections staff endangered Telyakov by placing him with other prisoners and failed to intervene during the attack.
Telyakov 'instigated physical altercations'
In response to the lawsuit, the statement of defence, filed on behalf of the province and remand centre director Richard Wilson, denies "each and every allegation in the Statement of Claim."
"The Crown defendants deny that they were negligent," reads the document, which also accuses Telyakov of both instigating the attack and exacerbating his own injuries.
The statement of defence alleges Telyakov:
- was acting in an aggressive manner toward other inmates both prior to and on the date of the assault
- knowingly instigated physical altercations with other inmates
- refused to comply with orders from corrections staff
- failed to have regard for his own safety
- failed to seek appropriate medical advice
- failed to take reasonable steps to expedite his recovery
- acted in a manner that exacerbated his injuries
The statement says the parties did provide "proper and timely access to medical treatment," and asks that the lawsuit be dismissed.
None of the allegations on either side of the civil suit have been proven in court.
Telyakov is now back with family in Moscow.