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There’s merely no proof to attach murder suspect Feysal Osman Abdul-Aziz to the deadly taking pictures of a Calgary man outdoors a southeast hookah lounge, his lawyer advised Monday.
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Protection barrister Derek Jugnauth mentioned Court docket of King’s Bench Choose Paul Jeffrey ought to order a “directed verdict” within the case of not responsible as there was no proof for him to weigh.
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Jugnauth mentioned Crown prosecutors Matt Dalidowicz and Michelle Kai argued Abdul-Aziz might have inspired the gunman who shot and killed Abdurahaman Indiris to hitch a melee outdoors the Portico Hookah Lounge, however the video proof doesn’t help their principle.
The lawyer mentioned at one stage Abdul-Aziz might be seen elevating his arm earlier than strolling in the direction of the scene of the deadly altercation, a transfer the prosecution will argue was an invite to accused gunman Samuel Lugela to hitch be a part of the struggle.
“There is no such thing as a beckoning,” Jugnauth mentioned of his shopper’s arm motion.
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The method is known as an utility for a directed verdict as within the case of a jury trial the decide will order the jurors to acquit as there will likely be no proof for them to determine in any other case.
Dalidowicz argued surveillance video from a wide range of places confirmed Lugela was with Adbul-Aziz all through the night up till the time Indiris was shot.
In response to Jugnauth’s submissions, the prosecutor mentioned there have been a number of alternatives for Abdul-Aziz to develop into conscious that the shooter, whom he claimed was Lugela, was armed.
Due to this, Dalidowicz mentioned, Abdul-Aziz’s invitation to get Lugela to hitch a melee outdoors the membership wherein Jugnauth’s shopper punched a fighter confirmed they had been working collectively.
“He knew that Mr Lugela had a firearm on him and was ready to make use of it when he signaled him in the direction of the struggle,” the prosecutor mentioned.
However Jugnauth responded by making an attempt to find out who a lot of the events had been captured on varied movies, an train in futility.
“What you have got right here is basically an not possible recreation of the place’s Waldo,” Jugnauth mentioned.
Jeffrey will ship his rulings on each functions on Wednesday.
KMartin@postmedia.com
On Twitter: @KMartinCourts
