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The decide who discovered Calgary man Abdifatah (Diggy) Ibrahim responsible of gang-raping a metropolis teenager eight years in the past made errors that warrant a 3rd trial, his lawyer argued Wednesday.
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However Crown prosecutor Tom Spark informed an Alberta Courtroom of Attraction panel that Justice Alan Macleod was appropriate to convict Ibrahim as a principal within the Feb. 9, 2015, assault and as a celebration to the actions of two others males.
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However Spark stated appeals decide Anne Kirker aptly described how Ibrahim helped his co-rapists when she famous throughout Janzen’s submissions that Ibrahim had left a automotive wherein {the teenager} was raped to permit entry to the sufferer and be an confederate .
“As Choose Kirker famous, he bought out of the car and waited exterior whereas (a second man) sexually assaulted the complainant,” he informed the enchantment panel.
The judges reserved their resolution.
Ibrahim was convicted by Macleod after a retrial in relation to the gang-rape by three attackers of the complainant, who stated she was strolling dwelling on a freezing night time when she was approached by the lads in a parked automotive and a Whitehorn -house was attacked. .
Ibrahim was sentenced to 6 years consecutive to a 10-year time period for a sequence of unrelated offences, together with kidnapping.
That 10-year time period is at the moment underneath enchantment.
KMartin@postmedia.com
On Twitter: @KMartinCourts