The accused, Marko Tubic and Kenneth Clifford, were charged with first-degree murder.
The Crown's case relied heavily on the testimony of a Vetrovec witness, Abdul-Aziz Ahmed, corroborated by forensic and surveillance evidence.
The court found the Vetrovec witness's testimony required extreme caution due to inconsistencies and motives to lie.
However, independent confirmatory evidence supported material aspects of his testimony regarding a physical altercation and the disposal of the victim's body.
The court found reasonable doubt as to whether the victim was alive when thrown over the bridge, thus precluding a first-degree murder conviction based on that specific act.
However, considering Tubic's extensive post-offence conduct (cleaning, disposing of body, hiding evidence, attempting to use victim's bank card), the court inferred intent to cause death or serious bodily harm, finding Marko Tubic guilty of second-degree murder.
Kenneth Clifford was found not guilty, as there was reasonable doubt regarding his involvement in the death or the plan to dispose of the body, and his post-offence conduct indicated distress rather than complicity.
