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What began as an altercation between two teams in a southeast Calgary hookah lounge become a lethal taking pictures when the combat spilled exterior, court docket heard Monday.
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In a gap assertion to Decide Paul Jeffrey, Crown legal professional Michelle Kai mentioned the prosecution’s case will rely closely on surveillance video in and round Portico Hookah Lounge.
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Kai mentioned Jeffrey will probably be tasked with answering two questions within the four-week trial.
“Which people could be seen doing on CCTV and … or what they did quantity to second diploma homicide,” she mentioned.
Samuel Lugela and Feysal Osman Abdul-Aziz are charged with second-degree homicide in reference to the September 10 taking pictures. 12, 2020, taking pictures dying of Abdurahaman Indiris on the street exterior the 35 Road SE membership.
Each pictures hit the sufferer’s ‘centre of mass’, the court docket heard
Kai mentioned the incident started close to closing time contained in the lounge when the 2 accused grew to become concerned in an altercation with one other group the place Lugela brandished a handgun, earlier than the disturbance was damaged up.
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“As soon as exterior, Abdul-Aziz appears to taunt the opposite group after which swing his arm at Lugela and invite him into battle,” she mentioned.
“The 2 teams merge in the course of 35 Road SE”
Abdul-Aziz punched the deceased’s brother, Mandefro Indiris, the prosecutor mentioned.
“The deceased then runs to the teams and injects a syringe. On the similar time, Lugela reaches into his pocket, withdraws a firearm and fires one shot on the deceased, raises the firearm after which fires one other shot,” mentioned Kai.
She mentioned each pictures hit the sufferer’s “heart of mass”.
“Some people in every group scatter whereas others keep and combat.”
As Indiris lay semi-prone on the bottom, Abdul-Aziz kicked him within the head, dropping his shoe within the course of.
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“The court docket will hear that Mr Tsege feared for his private security since his police interview early within the investigation and fled the nation when that video interview was posted on YouTube,” she mentioned.
If Jeffrey doesn’t permit the witness to testify remotely, the Crown will attempt to have his police assertion admitted as proof.
Lugela’s lawyer, Paul Moreau, mentioned the primary situation from his shopper’s perspective can be the identification of the shooter, whereas Abdul-Aziz’s lawyer, Derek Jugnauth, mentioned it must be decided whether or not the Crown might show his shopper ‘ a celebration to the kill.
KMartin@postmedia.com
On Twitter: @KMartinCourts
