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Video of a number of black males carrying white t-shirts and denims makes it inconceivable to determine that the homicide suspect Samuel Lugela may have been the gunman, his lawyer argued on Friday.
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In looking for a directed verdict – which might spare Lugela from answering the Crown’s case – protection counsel Paul Moreau argued there was nothing distinctive about Lugela’s look which made him stand out on the Portico Hookah Lounge, amongst others.
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Moreau famous that the Crown stated in its opening assertion that it had one eyewitness who may pin the crime on Lugela, however that individual was a no-show on the witness stand.
Abel Bezabeh-Tsege was purported to testify remotely from Ethiopia this week, however did not attend a lawyer’s workplace in Addis Ababa to present proof through video hyperlink.
“They’d one witness and just one witness who may establish Mr. Lugela, and that was Mr. Tsege,” Moreau stated.
“And you don’t have any proof of Mr. Tsege.”
Crown argues video reveals sufficient element to differentiate Lugela
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Moreau stated a collection of surveillance movies offered by the prosecution, exhibiting Lugela along with his co-accused, Feysal Osman Abdul-Aziz, was not sufficient to position him on the road exterior the lounge when Aburahaman Indiris was fatally shot.
Indiris was killed within the early hours of September 12, 2019 throughout an altercation on 35 Road SE.
Moreau advised Courtroom of King’s Bench choose Paul Jeffrey that video cameras inside and out of doors the nightclub confirmed a minimum of 5 black males in white t-shirts, denims and with a bag over their shoulders.
“The shooter is wearing essentially the most generic clothes possible. Denims and a plain white T-shirt,” he stated.
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However Crown prosecutor Matt Dalidowicz stated a detailed evaluation of recognized video of Lugela from earlier within the day confirmed distinctive components in his look that linked him to the crime.
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Dalidowicz stated Lugela might be seen carrying blue underwear beneath his low-waisted denims, a bag over his proper shoulder, black runners with a white base and white Nike swoosh and a bracelet on his left wrist, which could be seen in ‘ a grainy video of the killer.
The prosecutor stated that essentially the most telling was a defect in Lugela’s denims that resulted in an internal pocket on the proper leg of his denims protruding in a lot of the video pictures.
Jeffrey reserved his choice on Moreau’s movement for a directed verdict, which might imply the protection wouldn’t have to decide on whether or not to name proof till subsequent week.
Earlier than then, he’ll hear submissions from Abdul-Aziz’s lawyer, Derek Jugnauth, for his personal directed verdict software.
KMartin@postmedia.com
On Twitter: @KMartinCourts
