Witness statement in hookah lounge killing is inadmissible: judge

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The affidavit of an essential crown witness who fled Canada for concern of his life is inadmissible within the trial of two homicide suspects, a choose dominated Thursday.

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Courtroom of King’s Bench Justice Paul Jeffrey mentioned the assertion given by Abel Bezabeh-Tsege implicating Samuel Lugela in a deadly taking pictures exterior a southeast hookah lounge didn’t meet the edge reliability take a look at.

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Crown legal professional Michelle Kai argued that it was essential to admit the assertion as Tsege fled to Ethiopia in concern of his life after a recording of an earlier police assertion by him was posted on YouTube.

However Lugela’s lawyer, Paul Moreau, efficiently argued it was not dependable and the Crown’s software to enter it as an exhibit needs to be dismissed.

In his ruling, Jeffrey mentioned there have been a number of issues, together with Tsege’s potential to acknowledge Lugela, whom he knew rising up, however he may very well be mistaken for considered one of his brothers, which incorporates convicted assassin Nelson Lugela.

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“Tsege, in the fitting atmosphere, may acknowledge Sam Lugela, however won’t have the ability to distinguish him from considered one of his brothers at nighttime of night time and at a distance,” Jeffrey mentioned.

“It was darkish and the shooter was very dark-skinned, in the course of a road that was on the opposite aspect of a car parking zone,” the choose mentioned.

“The assertion doesn’t meet the necessities for threshold reliability.”

Tsege didn’t seem to testify on Wednesday

In it, Tsege instructed the Calgary police killing. Stu Cole that he labored the night of September 11, 2020 and into the early hours of September 12 on the Portico Hookah Lounge on 35 Avenue SE.

“So, after all there have been lots of people within the bar, plenty of combating,” he mentioned within the recording, an exhibit made following Jeffrey’s ruling.

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He mentioned one of many altercations concerned Lugela’s co-accused, Feysal Osman Abdul-Aziz.

Personnel broke up the riots, however then a number of teams of fighters went exterior, Tsege mentioned, within the so-called KGB assertion, named after the case wherein the Supreme Courtroom dominated such statements may very well be admitted in trials.

Tsege mentioned he went to the entrance door of the membership.

“That is after I noticed Sam principally shoot a good friend, AJ,” Tsege mentioned.

It’s the Crown’s principle that Lugela shot and killed Abdurahaman Indiris on the road exterior the membership and Abdul-Aziz was a celebration to the homicide.

Tsege was imagined to testify by way of video hyperlink from Ethiopia on Tuesday, however failed to indicate up for the WebEx stream after being given almost $1,000 in journey bills to go to the capital, Addis Ababa.

After Jeffrey’s ruling, each Moreau and Abdul-Aziz’s legal professional, Derek Jugnauth, indicated they’d file for a directed verdict. For such a call Jeffrey should resolve there is no such thing as a proof to weigh that would result in a discovering of guilt.

KMartin@postmedia.com

On Twitter: @KMartinCourts