S. Hickingbottom

The accused, Malik Mbuyi, was charged with first-degree murder in relation to two deaths and conspiracy to commit murder.

The Crown's case relied heavily on the testimony of an accomplice, Kareem Zedan, who was deemed an unreliable "Vetrovec" witness, but whose testimony was corroborated by circumstantial evidence including DNA, CCTV footage, and cellphone records.

The court found the accused to be the shooter and to have the requisite intent for murder (transferred intent for one victim, gratuitous for the other).

However, due to the inconsistencies in the accomplice's testimony and lack of sufficient corroborative evidence regarding planning and deliberation, the court found the Crown failed to prove first-degree murder or conspiracy beyond a reasonable doubt.

Consequently, the accused was found guilty of two counts of second-degree murder.

The accused, Malik Mbuyi, brought an application under sections 7, 8, and 24(2) of the Canadian Charter of Rights and Freedoms to exclude DNA evidence obtained via two search warrants (TPS and Brantford warrants) in a first-degree murder trial.

The applicant argued that police circumvented proper procedures, misled the issuing justice, and engaged in an abuse of process by obtaining a DNA warrant for stale youth offences primarily to advance the homicide investigation.

The court dismissed the application, finding no Charter breach under section 8, no abuse of process under section 7, and that even if there were breaches, the evidence would be admissible under section 24(2) due to the seriousness of the crime, reliability of the evidence, and public interest in adjudication on the merits.

The defendant was charged with two counts of first-degree murder and one count of conspiracy to commit murder, following a shooting that killed two victims.

The Crown alleged the defendant hired a contract killer to murder the victims' son, a drug dealer who worked for the defendant.

The Crown's case relied heavily on the testimony of the admitted killer, an unsavoury witness who had entered a plea deal.

The court applied the Vetrovec warning and found the witness's testimony required independent corroboration.

Concluding that the circumstantial evidence (cell phone records and GPS data) was weak and supported multiple innocent inferences, the court found the Crown failed to prove the charges beyond a reasonable doubt and acquitted the defendant.