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

Canada to airlift citizens, permanent residents out of Israel in 'coming days': Joly

Canada to airlift citizens, permanent residents out of Israel in 'coming days': Joly
Foreign Affairs Minister Mélanie Joly confirmed Tuesday that Ottawa is planning to airlift Canadians out of Tel Aviv in "the coming days," as conflict between Israel and Hamas escalates. Joly said the government aims to conduct the evacuation using aircraft from the Canadian Armed Forces, and it is working on additional options for people who are unable to reach the airport in Tel Aviv.

Canada to airlift citizens, permanent residents out of Israel in 'coming days': Joly

Nursing seats now open at KPU

Nursing seats now open at KPU
115 new nursing seats are now open to students at Kwantlen Polytechnic University, increasing the program size by nearly 50 per cent. A new nursing lab and technology upgrades are now complete at the Langley campus.

Nursing seats now open at KPU

'Freedom Convoy' trial evidence a Rorschach test for attitudes about protest: expert

'Freedom Convoy' trial evidence a Rorschach test for attitudes about protest: expert
The evidence put forward by the Crown and defence in the criminal trial of two prominent "Freedom Convoy" organizers is so similar, it reflects something of a Rorschach test for how people feel about the massive protest, said criminologist Michael Kempa. The trial is set to reconvene Wednesday after a two and a half week break, and has so far focused largely on the social media posts of Tamara Lich and Chris Barber.

'Freedom Convoy' trial evidence a Rorschach test for attitudes about protest: expert

Canada limited in preventing wider Mideast crisis, amid humanitarian plight: experts

Canada limited in preventing wider Mideast crisis, amid humanitarian plight: experts
Experts say Canada has limited options as it works diplomatic channels to try preventing clashes in Israel and Palestinian territories from escalating into a wider, regional war. Foreign Affairs Minister Mélanie Joly says she's in touch with counterparts in the region, as the fallout from Hamas's brazen surprise attacks on Israel Saturday threatens to engulf multiple countries.   

Canada limited in preventing wider Mideast crisis, amid humanitarian plight: experts

Burnout, despair facing workers on front lines of poverty and homelessness in Canada

Burnout, despair facing workers on front lines of poverty and homelessness in Canada
Those who work with people facing homelessness and food shortages say employees are carrying a massive emotional burden as demand for services soars beyond what their organizations can provide. Warren Maddox, executive director at Fredericton Homeless Shelters, in New Brunswick, says staff are witnessing more desperation, more violence and more people in extreme states of crisis.

Burnout, despair facing workers on front lines of poverty and homelessness in Canada

B.C. first province to sign individual health deal with feds, worth $1.2 billion

B.C. first province to sign individual health deal with feds, worth $1.2 billion
British Columbia is the first province to sign a tailored funding agreement with the federal government as part of the $196-billion health accord the prime minister offered provinces earlier this year. The deal will see Ottawa shift $1.2 billion to B.C. over three years.

B.C. first province to sign individual health deal with feds, worth $1.2 billion