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Certainly one of two murder suspects in a deadly capturing exterior a Calgary hookah lounge was acquitted of all fees Friday.
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Choose Paul Jeffrey agreed with protection lawyer Derek Jugnauth that the actions of Feysal Osman Abdul-Aziz after the deadly capturing of Abdurahaman Indiris on the road exterior the southeast membership didn’t make him a celebration to the homicide.
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Jeffrey advised Abdul-Aziz that he didn’t condone his habits after Indiris was shot twice exterior the Portico Hookah Lounge on 35 Road SE, however that doesn’t quantity to aiding or abetting the killer.
After Indiris was fatally shot and fell to the bottom, Abdul-Aziz walked as much as him and kicked him within the head soccer-style.
“I acquit you of fees of second-degree homicide and manslaughter,” Jeffrey stated, discovering that the Crown had not established that Abdul-Aziz was accountable for a conviction on both cost.
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Dalidowicz argued a “cluster of identifiable” options in homicide suspect Samuel Lugela’s look that evening ought to permit Jeffrey to determine he was the gunman who fatally shot Indiris.
The prosecutor stated a collection of surveillance movies seized by police from the night of September 11, 2020, to the early hours of September 12 result in the conclusion that it was Lugela, captured on grainy footage, who fired the deadly pictures .
Dalidowicz famous that in earlier footage, Lugela might be clearly seen and recognized as sporting a white t-shirt, free match, grey distressed denims, blue underwear underneath his pants, black Nike runners with a white swoosh and a silver bracelet sporting on his left wrist.
Coupled with a signature bag that Lugela carried over his shoulder throughout video in and across the Portico Membership and a pocket liner that may be seen all through protruding of his distressed denims, Jeffrey ought to have little hassle passing Lugela because the gunman to establish, he stated.
However Moreau argued the police and prosecution have been responsible of a case of “tunnel imaginative and prescient” by specializing in Lugela because the gunman from the beginning after which constructing their case from there.
Moreau stated a number of black males within the membership have been sporting white t-shirts and denims, with many carrying baggage over their shoulders.
The runners Lugela was sporting have been equivalent to these worn by Abdul-Aziz and maybe quite a few others within the nightclub, he stated.
Jeffrey will ship judgment in Lugela’s case subsequent Thursday.
KMartin@postmedia.com
On Twitter: @KMartinCourts