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Accused says nail gun shooting was an accident in third day of trial in Pictou Provincial Court

Defence lawyer Andrew O’Blenis heads into the courtroom on Sept. 18 with Shawn Hynes.
Defence lawyer Andrew O’Blenis heads into the courtroom on Sept. 18 with Shawn Hynes behind him. - Kevin Adshade

PICTOU –

Shawn Wade Hynes told court on Sept. 19, that the injuries sustained by his co-worker Nhlanhla Dlamini were the result of an accident, and not intentional.

Hynes faces two charges of criminal negligence causing bodily harm and of assault with a weapon, after Dlamini accused him of intentionally firing an air-powered nail gun at him. His trial began this week in Pictou.

The incident happened one year ago, on Sept. 19, 2018 at a construction site in Abercrombie, Pictou County.

On Sept. 17, Dlamini testified that Hynes had pointed the nail gun at him with the safety off. Dlamini said he then turned and ran. That's when he says he was hit.

Thursday morning, Hynes denied that he had pointed the gun at Dlamni. Stating instead that the incident resulted from a ricochet.

Hynes testified that he was the one using the nail gun, and that the nail gun was fitted with a trigger which allowed for repeated use without having to press it down again and again.

"You don't have to pull the trigger. If you have the trigger held all you have to do is press the tip to the wood and it'll fire," said Hynes when questioned by defense attorney Andrew O'Blenis.

Hynes says that the wood material he was working with at the time was cold and wet, and the gun slipped as he was pressing it to the wood.

Under cross examination, Hynes testified that this was the only time during that day that a ricochet occurred.

Hynes also denied speaking with Dlamini in the moments leading up to the incident.

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