Third trial ordered for suspect in Calgary dwelling invasion theft

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The courtroom discovered that regardless of already going by two trials, an acquittal wasn’t warranted as a result of there was nonetheless proof upon which a jury may convict

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One in all two convicted killers within the dying of a Calgary shopkeeper will get a 3rd shot at beating a house invasion theft allegation.

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A 3-member Alberta Courtroom of Attraction panel on Monday agreed with defence counsel Cory Wilson that Jean Havyarimana was improperly convicted at his second trial.

However the attraction judges weren’t so sort to Havyarimana’s accomplice within the murder of store proprietor Maqsood Ahmed, upholding the conviction of Lloyd Kollie for committing a theft throughout a home break-in.

Each males had been discovered responsible in January 2021 throughout a retrial in reference to an April 7, 2015, raid on a Calgary dwelling.

The house invasion theft occurred whereas the 2 males had been underneath investigation for the Oct. 8, 2014, stabbing dying of Ahmed, who was slain as he was being robbed as he left his northeast Calgary enterprise with a bag containing about $70,000 in money.

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In refusing to uphold Havyarimana’s conviction, the attraction judges stated voice identification of the accused on wiretaps carried out throughout the murder investigation wasn’t correctly established.

Const. Gerald Bouchard testified he acknowledged each Havyarimana’s and Kollie’s voices within the intercepts, which mentioned the house invasion theft.

The attraction judges famous Bouchard had really acted as scribe for a protracted police interview with Kollie, however he solely relied on a recorded interview he obtained from a police database of an interrogation of Havyarimana to establish him.

“Mr. Bouchard had not noticed, scribed or sat in on any such interview with Mr. Havyarimana, nor did he have any earlier dealings or familiarity with Havyarimana,” they stated in a written choice.

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“Relatively, Mr. Bouchard testified that he watched a recording of a police interview with ‘Havyarimana’ which he accessed by the police database to ascertain a baseline for Havyarimana’s voice. Importantly, nonetheless, Mr. Bouchard couldn’t ‘recall’ if anybody confirmed whether or not or not what he accessed was really Havyarimana within the recorded interview.”

They stated the proof did not help the officer’s assertion it was Havyarimana talking on the incriminating wiretaps.

“In our view, the proof known as at trial was not that of a ‘identified’ recording of Mr. Havyarimana.”

The courtroom discovered that regardless of already going by two trials, an acquittal wasn’t warranted as a result of there was nonetheless proof upon which a jury may convict.

Havyarimana pleaded responsible to manslaughter and was sentenced to 9 years in reference to Ahmed’s killing.

He was sentenced to an extra 10 years for the house invasion theft the place kids had been current and the primary sufferer had a gun positioned in his mouth.

If he isn’t convicted a 3rd time, he will probably be eligible for parole.

Kollie was sentenced to life in jail after being convicted of second-degree homicide within the shopkeeper’s killing.

KMartin@postmedia.com

On Twitter: @KMartinCourts

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