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Legal professionals and courtroom workers battled brutal winter driving circumstances to succeed in a 7:30 a.m. courtroom begin time on Tuesday, solely to search out out the Ethiopian man who was attributable to testify remotely was a no-show.
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Crown prosecutor Michelle Kai informed Decide Paul Jeffrey within the Courtroom of King’s Bench that regardless of offering Abel Bezabeth-Tsege with funds to journey from an undisclosed location to the Ethiopian capital Addis Ababa, he did not attend for a WebEx hyperlink.
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“We organized a gathering with Mr Tsege (Monday) and he didn’t seem and he’s not showing this morning,” Kai mentioned.
“I do not assume our blizzard is hitting Ethiopia?” Jeffrey requested rhetorically.
Kai mentioned the prosecution was knowledgeable on Friday that Tsege had obtained cash to journey to Addis Ababa, the place he would testify by way of video hyperlink from a lawyer’s workplace there.
“That is the final we heard from him,” Kai mentioned.
Courtroom began early to accommodate no-shows
As a result of time distinction and logistical points in Ethiopia, the courtroom met 2 1/2 hours sooner than regular to accommodate the witness.
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Paul Moreau, who represents the homicide suspect Samuel Lugela, mentioned it might be ineffective to fulfill once more on the similar time on Wednesday morning within the hope that Tsege would then flip up.
“I take into account it just a little miraculous that we managed to name the courtroom at 7:30 within the morning after an epic snowstorm,” mentioned Moreau, who traveled from Edmonton on Monday to make sure his attendance in Calgary.
“We’re all being held hostage, we’re being held hostage by a witness who it’s changing into more and more clear to me is just on this to attempt to extort cash from the Crown, which he has now efficiently executed,” mentioned Moreau.
“Is there an inexpensive prospect that this witness will ever seem? … I might recommend there’s just about no affordable prospect that this witness is ever going to indicate up.”
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Trial to proceed with out proof
Jeffrey agreed, saying the prosecution may proceed its case with out the advantage of Tsege’s testimony.
Kai and co-prosecutor Matt Dalidowicz mentioned that will contain the Crown making use of for the choose to confess an affidavit Tsege gave to Calgary police earlier than he fled the nation.
Lugela and Feysal Osman Adbul-Aziz are charged with second-degree homicide within the September 12, 2020 taking pictures of Calgarian Abdurahaman Indiris on the road exterior the Portico Hookah Lounge at 35 St. Calgary. SAY
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Trial in February 2023 for 2 suspects in deadly taking pictures exterior the hookah lounge
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Protection opposes key homicide trial witness testifying by way of video hyperlink from Ethiopia
Jeffrey final week granted a Crown utility to have Tsege testify by way of video hyperlink from Ethiopia after he fled there in worry when his videotaped assertion to police was posted on-line on March 5, 2021 beneath the headline Calgary’s most wished rat.
Kai informed Jeffrey that Tsege witnessed the taking pictures and was in a position to establish Lugela because the gunman.
KMartin@postmedia.com
On Twitter: @KMartinCourts
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