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However Courtroom of King’s Bench Justice Michael Marion mentioned he couldn’t make sure Brooks’ upstairs neighbor was one of many attackers.
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Marion acquitted William McIntosh, 29, of costs of housebreaking with intent to commit an illegal supply and aggravated assault associated to an incident in March 2021.
The choose rejected protection lawyer Alain Hepner’s suggestion that Brooks was too excessive or drunk to establish McIntosh as one of many attackers.
However Marion mentioned he was left with affordable doubt due to inconsistencies in Brooks’ testimony and the truth that Brooks had earlier unhealthy dealings with McIntosh that will have led him guilty him within the assault.
“There is no such thing as a doubt that Brooks had a distressing day on March 5, 2021 and was the sufferer of a severe assault that left him with vital accidents,” Marion mentioned.
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He rejected McIntosh’s claims of innocence and located that he was at his upstairs residence when Brooks was assaulted within the basement suite.
“Though I don’t consider the accused in lots of respects, it’s doable that the accused knew that the assault was happening, was current on the home whereas the assault passed off. . . however didn’t take part in it,” mentioned Marion.
“There may be additionally the affordable chance that Brooks recognized the accused so as to get again at him.
“In all of the circumstances . . . I’ve affordable doubt that the accused entered the basement suite and took part within the assault on Brooks.”
Marion earlier acquitted a second defendant who stood trial with McIntosh, agreeing with protection lawyer Kirsten Lancee that there was no proof to establish Rory Libbrecht as concerned within the assault.
A 3rd suspect, Cole McLean, could have his case settled at a later date.
KMartin@postmedia.com
On Twitter: @KMartinCourts
