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Victim never told anyone he had been in a fight 7 · OAKVILLE BEAVER Wednesday, March 25, 2009 Continued from page 1 Dibski said a doctor's examination determined Hildebrand's death was caused by a forceful impact to the back of the head and there was no evidence to suggest the blow came from anywhere else. In his remarks to the jury, however, defence lawyer Brendan Neil said the doctor had not been able to determine exactly when the injury had taken place. Neil said Hildebrand never did say he'd been injured in an altercation with the defendant. "He said he'd been messing around with friends and tripped over someone's foot. Why would he not say who tripped him?" said Neil. "If you believe that statement, that could be grounds to acquit on its own." The lawyers also debated whether the defendant intentionally made contact with Hildebrand during the altercation. Dibski said he had brought forward 13 witnesses to the incident, which took place outside the house party in the home's driveway. Numerous witnesses testified the defendant was angry because Hildebrand had teased him about it being past his bedtime. Many of these witnesses described the defendant pushing or shoving Hildebrand causing him to hit the back of his head on the pavement. Dibski said the fact that not every witness told the exact same story about what happened was unimportant. "The universal view of all the witnesses, who saw Drew go down, is that it was (the defendant's) pushing, grabbing, or throwing that caused Drew to hit his head," said Dibski. Dibski said the defendant's Facebook entries were proof Hildebrand's fall was not an accident. In one Facebook conversation, the defendant responds to one of Hildebrand's friends who was chastising him for 'attacking' Hildebrand at the party. "He started s@#t with me. I didn't want to put him in the hospital; I wanted people to know I don't like being talked down to. For putting him in the hospital I am sorry," wrote the defendant. Dibski said if the incident really had been an accident, the defendant would have stated this. Not necessarily, countered Neil. The defence lawyer said a certain bias could be expected from the witnesses, since 11 of the 13 were friends with Hildebrand and only acquain- tances of the defendant. He said many of these witnesses had been drinking and some of their stories, such as the defendant grabbing Hildebrand by his hair and bashing his head repeatedly against the ground, were not supported by other witnesses. The only independent witness, a neighbour who saw the altercation from across the street, saw something very different, said Neil. This witness testified she saw a pushing and shoving session between two teenagers, but could not see their faces. 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