Close X
Thursday, November 14, 2024
ADVT 
National

Judge tells Ibrahim Ali jury to disregard testimony of Crown witness who died

Darpan News Desk The Canadian Press, 07 Nov, 2023 05:43 PM
  • Judge tells Ibrahim Ali jury to disregard testimony of Crown witness who died

The judge in the first-degree murder trial of Ibrahim Ali, who is accused of killing a Burnaby, B.C., teenager six years ago, has told the jury to completely disregard the testimony of a witness who died before the end of her cross-examination.

Dr. Tracy Pickett, a specialist in emergency and clinical forensic medicine who was called as an expert witness by the Crown, had not finished testifying in B.C. Supreme Court when she was found dead on Sept. 28.

She had testified about injuries suffered by the 13-year-old girl Ali is accused of killing.

But during a hearing Tuesday, Justice Lance Bernard instructed the jury to disregard Pickett's testimony and to resist all speculation or research into her death.

Pickett's unexpected death significantly curtailed cross-examination by Ali's defence lawyers and the instructions to the jury recognize the importance of cross-examination as a cornerstone of the adversarial justice system, Bernard said.

He also said Pickett's death and its circumstances are not relevant to the jury's deliberations and the trial will continue as though she had never testified.

"You must completely and absolutely put Dr. Pickett's evidence out of your minds, as if you never heard it," Bernard told the jury.

"Finally, it is essential to the fairness of this trial and to your impartiality as jurors that you not attribute blame in any sense whatsoever to the accused for Dr. Pickett’s death," he said.

Ali has pleaded not guilty to first-degree murder in the death of the teenager, whose name has been protected by a publication ban. 

The girl's body was found in Burnaby's Central Park in July 2017, just hours after her mother reported her missing.

Crown attorney Isobel Keeley told the court during her opening statement in April that evidence would show the teen was walking through the park when she was dragged off a pathway into the forest, then sexually assaulted and strangled.

Keeley said cellphone and bank records prove Ali was in Burnaby that day, while DNA results would prove he sexually assaulted the girl.

Bernard told the jury last month that when Pickett didn't show up to finish her cross-examination, the court wasn't aware that she had died.

The judge read his full instructions twice on Tuesday, and noted that directing a jury to disregard certain evidence is a well-recognized and accepted practice.

The hearing continued with Crown witness Sgt. Michael Lim, an RCMP officer who testified that he was working as a crime scene manager when he went to Central Park on the morning the girl's body was found.

MORE National ARTICLES

Federal effort to boost child care in three provinces off to 'slow start': report

Federal effort to boost child care in three provinces off to 'slow start': report
The report by Cardus looking at the roll out of the programs in British Columbia, Saskatchewan and New Brunswick found that issues ranging from unspent funding to skilled labour shortages led to missed child care targets. The federal government signed separate, five-year funding agreements with provinces and territories in 2021, committing up to $30 billion in five years toward the establishment of $10-a-day child care.  

Federal effort to boost child care in three provinces off to 'slow start': report

Pharmacare would cost public sector billions more a year, but save economy money: PBO

Pharmacare would cost public sector billions more a year, but save economy money: PBO
The parliamentary budget officer says a single-payer universal drug plan would cost federal and provincial governments an additional$11.2 billion in the first year, and $13.4 billion in five years. The PBO released a report on Thursday that provides an estimate for the cost of a pharmacare program between 2024-25 and 2027-28. It follows up on a previous costing the PBO published in 2017 for a pharmacare plan. 

Pharmacare would cost public sector billions more a year, but save economy money: PBO

Supreme Court of Canada refuses to hear Hells Angels appeal of B.C. forfeiture ruling

Supreme Court of Canada refuses to hear Hells Angels appeal of B.C. forfeiture ruling
The Supreme Court of Canada's refusal to hear a Hells Angels challenge of B.C.'s forfeiture of three clubhouses will "put criminals on notice," the province's pubic safety minister says. The high court ended a years-long court battle on Thursday as it refused to hear an appeal of the seizure of the clubhouses in East Vancouver, Nanaimo, and Kelowna.

Supreme Court of Canada refuses to hear Hells Angels appeal of B.C. forfeiture ruling

Canada committing $10M in humanitarian aid for Israel, Gaza as Canadian flights leave

Canada committing $10M in humanitarian aid for Israel, Gaza as Canadian flights leave
Prime Minister Justin Trudeau says Canada is giving an initial $10 million in humanitarian assistance for urgent needs in Israel and the Gaza Strip. He also says the first airlift of 130 Canadians that left Tel Aviv earlier today has landed in Athens.

Canada committing $10M in humanitarian aid for Israel, Gaza as Canadian flights leave

'New wave of building' in Vancouver comes as mayor makes plans to focus on more homes

'New wave of building' in Vancouver comes as mayor makes plans to focus on more homes
The mayor of Vancouver set out a foundation on Wednesday to address the housing crisis in the city, while reducing barriers to building and streamlining regulations. Ken Sim released a seven-point motion going before council that would direct city staff to prioritize new housing construction, allow for increased density around transit hubs, speed up a plan for 26 villages in the city and increase enforcement of short-term rental regulations. 

'New wave of building' in Vancouver comes as mayor makes plans to focus on more homes

Two Canadians killed by Hamas in Israel remembered as proud and loving

Two Canadians killed by Hamas in Israel remembered as proud and loving
Two Canadians killed by Hamas gunmen while attending a music festival in southern Israel over the weekend are being remembered as generous, kind and those who brought love to the world. Friends and family have confirmed 22-year-old Ben Mizrachi from Vancouver and former Montreal resident Alexandre Look, who recently celebrated his 33rd birthday, were two of the hundreds killed when gunman swarmed the music event on Saturday.

Two Canadians killed by Hamas in Israel remembered as proud and loving