Identification proof missing in homicide case, lawyer says

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The lawyer for double-murder suspect Gerald David Benn stated Monday there’s no proof to determine her consumer because the gunman within the deadly shootings of two Calgary males.

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And defence counsel Andrea Urquhart argued even when there may be, there’s nothing within the Crown’s case to indicate the gunman deliberate the lethal assault and the accused ought to solely must reply a cost of second-degree homicide.

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Urquhart made the feedback in a directed verdict utility earlier than Justice Nick Devlin on the conclusion of the Crown’s case in Benn’s trial on two counts of first-degree homicide.

Benn is accused of being the gunman who shot three folks inside a parked Nissan Altima in what’s believed to have been a drug deal gone mistaken.

He’s charged within the Aug. 28, 2020 deaths of Abas Ibrahim and Mohamed Shaikh and tried homicide within the taking pictures of Dimetri Marr.

However Urquhart argued there isn’t any proof which proves Benn was the gunman caught on safety cameras strolling as much as the Altima and firing not less than 5 photographs into the inside earlier than it drove off.

Three bullets struck Shaikh, one hit Marr and one penetrated the chest cavity of Ibrahim, who was in a position to drive about 100 to 150 metres earlier than crashing right into a tree.

Urquhart informed Devlin that even when he finds there may be some proof her consumer was the assailant, there isn’t any proof the attacker deliberate, or deliberated over his conduct.

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She famous the shooter rushed to the Altima from an Infiniti parked behind it on Sandarac Rd. N.W. after Shaikh jumped from the entrance passenger seat and compelled a person believed to be Jordan Ward into the again seat.

“The taking pictures … is a transparent response to what occurs when Mr. Shaikh will get out of the entrance passenger seat and tries to power this particular person into the again of the automobile,” the lawyer stated.

Crown prosecutor argues proof enough

However Crown prosecutor Doug Taylor argued there may be enough proof for Devlin to search out Benn was the perpetrator and the assault was a deliberate one.

Taylor famous the video reveals a person going to the again of the Infiniti the place he retrieves a gun hidden in a Walmart bag, a pair of board shorts and a Wendy’s bag.

Benn’s fingerprints have been discovered on the Walmart bag and his DNA on the Wendy’s bag which have been left on the scene.

Taylor stated the very fact the Infiniti chased after the Altima after it drove away was proof Benn’s plan was to homicide the occupants.

“It’s affordable to conclude at that time that Mr. Benn needed to complete the job,” he stated.

Devlin will hand down a ruling on Wednesday and if he guidelines towards the defence Urquhart will determine whether or not to name any proof.

KMartin@postmedia.com

On Twitter: @KMartinCourts