One suspect was cleared of any involvement within the assault forward of ultimate arguments, which the courtroom will hear on Friday.
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One suspect within the torture of a metropolis resident in his basement suite was cleared Thursday, whereas a second denied any involvement.
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Court docket of King’s Bench Justice Michael Marion agreed with protection lawyer Kirsten Lancee that there was inadequate proof to determine her consumer, Rory Libbrecht, as one of many attackers.
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Marion then heard proof from co-accused William McIntosh, who instructed protection lawyer Alain Hepner that he had no half within the brutal assault on his downstairs neighbor.
McIntosh’s ex-wife couldn’t determine Libbrecht’s participation in assault
Lancee sought a “directed verdict” from Marion after McIntosh’s estranged spouse, Ashley Corbett, did not determine Libbrecht as one of many perpetrators of the crime.
Corbett testified that she sought the assistance of her buddy, Cole McLean, when she found that McIntosh’s residence had been damaged into on the morning of March 5, 2021, when she briefly left their three-year-old son house alone whereas she took their daughter took to high school. .
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She mentioned McLean introduced one other man, whom he recognized as Rory, they usually went to the basement suite of Sean Brooks to confront him concerning the housebreaking.
However underneath cross-examination by Lancee, she mentioned she couldn’t ensure that a photograph she offered to police of Rory was the identical man McLean introduced with him.
“Mr. Libbrecht, you might be free to go,” Marion mentioned accepting Lancee’s argument there was no case in opposition to her consumer for the protection to reply.
McIntosh denies involvement within the assault
McIntosh then took the witness stand in his personal defence, denying allegations by Brooks that he was one of many attackers who broke into the sufferer’s Falton Rise NE basement suite.
McIntosh is charged with housebreaking for the aim of illegal detention and aggravated assault in reference to the assault.
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However he denied participating within the assault, during which Brooks mentioned he was restrained with zip ties, repeatedly punched and kicked, threatened with weapons and had bleach poured into his eyes and wounds.
Brooks was additionally burned with a blowtorch, which he mentioned was used to singe his hair and injure the highest of his left ear.
McIntosh mentioned he had a bitter relationship with Brooks however denied attacking him after somebody broke into his upstairs suite that morning and stole 4 of his firearms.
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Court docket hears how Calgary man was tied up, overwhelmed and tortured with bleach and a blowtorch
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Blowtorch assaulted the sufferer throughout a house invasion, the courtroom heard
He mentioned he by no means went into the basement suite that day.
“Did you assault Mr. Brooks?” Hepner requested.
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“No, sir. I’ve mr. Did not see Brooks in any respect (that day),” McIntosh mentioned.
Below cross-examination, Crown prosecutor Jack Kelly steered that McIntosh would have been offended that somebody had damaged into his residence when his younger son was house alone, however the defendant mentioned he was simply relieved that the boy was unhurt.
McIntosh mentioned Corbett, with whom he was estranged and lived elsewhere, was there to take care of their kids.
She known as him at work to inform him concerning the break-in and he went house to find that his weapons have been lacking earlier than returning to his office, leaving Corbett to name the police.
Marion will hear remaining arguments on Friday.
KMartin@postmedia.com
On Twitter: @KMartinCourts
