WINNIPEG - Jury deliberations are underway in a high-profile Winnipeg homicide case in which the accused was previously found not guilty of killing an innocent bystander with a stray bullet.
Jeffrey Cansanay is accused of second-degree murder for his alleged role in the October 2005 killing of Winnipeg teen Phil Haiart. The 17-year-old son of a Winnipeg surgeon was walking in the West End when he was caught in the crossfire of a gang shooting.
Jurors have spent the past month hearing evidence and began weighing their verdict Wednesday afternoon. They will remain sequestered until they reach a unanimous decision.
Cansanay, 23, previously went on trial in 2007 but was cleared of any wrongdoing by a judge who refused to allow videotaped police statements of two uncooperative witnesses to be played in court. The Manitoba Court of Appeal later overturned the decision and ordered a new trial, saying the judge had erred in law.
The two intended targets of the bullets that hit Haiart were Gharib Abdullah and Cory Amyotte, who gave lengthy video statements in which they blamed Cansanay and his co-accused, Corey Spence. Their street gang, the Mad Cowz, had been waging war on Cansanay and his associates for selling drugs on their "turf" inside a McGee Street home. Their statements were pivotal to the Crown’s case because police never recovered the weapon used to shoot Haiart, so no forensic analysis could be done.
However, Abdullah and Amyotte refused to take the witness stand at Cansanay’s first trial. The Crown then tried to have their videotaped statements shown to jurors, but Justice Morris Kaufman refused on the grounds it wouldn’t be fair to Cansanay to let their words go unchallenged by cross-examination. With no other evidence, the Crown was forced to close its case.
At Spence’s case a few weeks later, the judge agreed with the Crown’s motion and jurors watched their videotaped evidence. The 19-year-old was convicted and given life in prison with no chance of parole for at least seven years after being raised from youth court.
Abdullah and Amyotte were cited for contempt of court for their refusal to testify and received precedent-setting prison terms -- four years for Amyotte, three-and-a-half for Abdullah.
Both men were called to testify when Cansanay’s new trial began last month. Abdullah was now co-operative, telling jurors he saw Cansanay open fire on him and Amyotte.
"Shots were going everywhere," he said. "I don’t know where they landed," he said.
However, Amyotte took the witness stand and claimed he was "in hiding" at his girlfriend’s house at the time of the shooting and didn’t see anything. The Crown was then allowed to play his videotaped police statement for the jury. Amyotte claims he lied to police to avoid being charged for a string of other crimes he’d committed, including a shooting the night before Haiart was killed.
Cansanay’s lawyer, Greg Brodsky, told jurors in closing arguments Wednesday it is dangerous to believe anything Abdullah and Amyotte told police and that his client should be cleared of any wrongdoing.
First of all, if you go to the website where this article is located, I have issues with the pictures of the victim and offender presented. The media always tries to get the readers to sympathize with the victim by presenting a positive picture of them, usually smiling. They also present a picture of the accused, which in almost all cases, is a mugshot and it does not invoke sympathy in any way. The pictures should be proportionate, in my opinion. By showing a mugshot, gives readers the impression that the accused is guilty, because he was charged with the offence, when in actuality, they are forgetting about innocent until PROVEN guilty. Also, a lot of times, offenders should be sympathized with, because they often comes from a socially and economically disadvantaged background and difficult childhood, which often contributes to their criminal activity.
Jurors begin deliberations in Cansanay case
A jury has begun deliberating the fate of Jeffrey Cansanay for the October 2005 shotgun death of an innocent teen caught in a violent drug war's line of fire.
Cansanay, 24, stood trial for second-degree murder. Jurors began deliberating late Wednesday afternoon.
Phil Haiart, 17, was walking near a McGee Street crack house when he suffered a fatal gunshot wound to the abdomen.
Jurors heard evidence Cansanay and a then 17-year-old co-accused, Corey Spence, were associates of the African Mafia, a splinter gang of the Mad Cowz, with whom they were engaged in a bitter turf war.
In the days prior to the shooting, the crack house was the scene of mounting violence between the two gangs.
Jurors heard Spence had split from the Mad Cowz to sell drugs on his own. The Crown argued he ordered Cansanay to shoot at rival gangsters Corey Amyotte and Gharib Abdullah as they fled the area on bicycles.
Haiart and another man were caught in the line of fire. Haiart was fatally shot in the stomach, while the second man suffered a wound to his arm.
This is the second time Cansanay has stood trial for killing Haiart. Cansanay was acquitted at his first trial in 2008. Justice Morris Kaufman ruled at the time that videotaped statements given to Winnipeg police by Amyotte, Abdullah and another street gangster Jammal Jacob could not be used at trial.
The gang members refused to testify in person and the Crown's case collapsed. Without their police statements, the Crown had no direct evidence linking Cansanay to the killing.
All three gangsters were later convicted of contempt of court and sentenced to jail terms. Amyotte and Abdullah both testified at Cansanay's second trial.
Spence was convicted of second-degree murder following a trial in 2007 and sentenced as an adult to life in prison. Justice Albert Clearwater ordered that he serve a minimum of seven years in prison before he is eligible for parole.
Jurors weigh evidence in Haiart murder case
Jury deliberations are underway in a high-profile Winnipeg homicide case in which the accused was previously found not guilty of killing an innocent bystander with a stray bullet.
Jeffrey Cansanay is accused of second-degree murder for his alleged role in the October 2005 killing of Winnipeg teen Phil Haiart. The 17-year-old son of a Winnipeg surgeon was walking in the West End when he was caught in the crossfire of a gang shooting.
Jurors have spent the past month hearing evidence and began weighing their verdict Wednesday afternoon. They will remain sequestered until they reach a unanimous decision.
Cansanay, 23, previously went on trial in 2007 but was cleared of any wrongdoing by a judge who refused to allow videotaped police statements of two unco-operative witnesses to be played in court. The Manitoba Court of Appeal later overturned the decision and ordered a new trial, saying the judge had erred in law. The two intended targets of the bullets that hit Haiart were Gharib Abdullah and Cory Amyotte, who gave lengthy video statements in which they blamed Cansanay and his co-accused, Corey Spence. Their street gang, the Mad Cowz, had been waging war on Cansanay and his associates for selling drugs on their "turf" inside a McGee Street home. Their statements were pivotal to the Crown's case because police never recovered the weapon used to shoot Haiart, so no forensic analysis could be done.
However, Abdullah and Amyotte refused to take the witness stand at Cansanay's first trial. The Crown then tried to have their videotaped statements shown to jurors, but Justice Morris Kaufman refused on the grounds it wouldn't be fair to Cansanay to let their words go unchallenged by cross-examination. With no other evidence, the Crown was forced to close its case.
At Spence's trial a few weeks later, the judge agreed with the Crown's motion and jurors watched their videotaped evidence. The 19-year-old was convicted and given life in prison with no chance of parole for at least seven years after being raised from youth court.
Abdullah and Amyotte were cited for contempt of court for their refusal to testify and received precedent-setting prison terms -- four years for Amyotte, three-and-a-half years for Abdullah.
Both men were called to testify when Cansanay's new trial began last month. Abdullah was now co-operative, telling jurors he saw Cansanay open fire on him and Amyotte.
"Shots were going everywhere," he said. "I don't know where they landed," he said.
Cansanay's lawyer, Greg Brodsky, told jurors in closing arguments Wednesday it is dangerous to believe anything Abdullah and Amyotte told police and that his client should be cleared of any wrongdoing.
Jurors deliberate in gang war trial
Jurors have begun deliberating in the second-degree murder trial of a man accused of killing a Winnipeg doctor's son.
Jeff Cansanay is on trial for allegedly killing Phil Haiart, 17, who died of a gunshot wound to the stomach after he was shot near the intersection of Sargent Avenue and Maryland Street on the night of Oct. 10, 2005.
The Crown alleges that Cansanay fired the shots at rival gang members as part of a turf war over the crack cocaine trade in the city's West End.
The trial began on March 18. The jury of five women and seven men began deliberating his fate at 4:40 p.m. CT on Wednesday.
Cansanay, 24, has pleaded not guilty to the killing, along with three counts of attempted murder in connection to the shooting.
If convicted, he faces a life sentence without being eligible for parole for a minimum of 10 years. As a permanent resident who immigrated to Canada from the Philippines in 1994, Cansanay also faces deportation.
He is currently already fighting a deportation order issued after a prior conviction. Those hearings begin again in May.
The Crown's key witness in the killing was Gharib Abdullah, a former member of the Mad Cowz street gang who testified that he saw Cansanay holding a gun prior to the shots being fired that killed Haiart and wounded another man.
The Crown alleges that Abdullah and another man, Corey Amyotte, were the intended targets of the shooting.
Amyotte took the stand during the trial but claimed he wasn't at the scene of the crime, despite telling police otherwise in his statement to them a few days after the incident.
Jurors were told that Abdullah and Amyotte were convicted of contempt of court after they refused to testify at Cansanay's first trial in 2007.
They were acquitted on charges of obstructing justice, but the Crown is appealing that decision.
Abdullah, a parolee, only testified in the current trial to help his case against deportation, Brodsky alleged.
"He told the story that the Crown wants you to hear," Brodsky said, calling Abdullah "a violent liar when it suits him."
"Lying comes easy to these people," the veteran lawyer said.
"Ask yourselves whether there's a firm foundation in this case.
"Ask yourselves whether Gharib Abdullah … is a person you can find that you believe — this time — beyond a reasonable doubt."
Gang war led to Winnipeg killing: Crown
Haiart shooting witness testifies
Jurors begin deliberations in Cansanay case
A jury has begun deliberating the fate of Jeffrey Cansanay for the October 2005 shotgun death of an innocent teen caught in a violent drug war's line of fire.
Cansanay, 24, stood trial for second-degree murder. Jurors began deliberating late Wednesday afternoon.
Phil Haiart, 17, was walking near a McGee Street crack house when he suffered a fatal gunshot wound to the abdomen.
Jurors heard evidence Cansanay and a then 17-year-old co-accused, Corey Spence, were associates of the African Mafia, a splinter gang of the Mad Cowz, with whom they were engaged in a bitter turf war.
In the days prior to the shooting, the crack house was the scene of mounting violence between the two gangs.
Jurors heard Spence had split from the Mad Cowz to sell drugs on his own. The Crown argued he ordered Cansanay to shoot at rival gangsters Corey Amyotte and Gharib Abdullah as they fled the area on bicycles.
Haiart and another man were caught in the line of fire. Haiart was fatally shot in the stomach, while the second man suffered a wound to his arm.
This is the second time Cansanay has stood trial for killing Haiart. Cansanay was acquitted at his first trial in 2008. Justice Morris Kaufman ruled at the time that videotaped statements given to Winnipeg police by Amyotte, Abdullah and another street gangster Jammal Jacob could not be used at trial.
The gang members refused to testify in person and the Crown's case collapsed. Without their police statements, the Crown had no direct evidence linking Cansanay to the killing.
All three gangsters were later convicted of contempt of court and sentenced to jail terms. Amyotte and Abdullah both testified at Cansanay's second trial.
Spence was convicted of second-degree murder following a trial in 2007 and sentenced as an adult to life in prison. Justice Albert Clearwater ordered that he serve a minimum of seven years in prison before he is eligible for parole.
Jurors weigh evidence in Haiart murder case
Jury deliberations are underway in a high-profile Winnipeg homicide case in which the accused was previously found not guilty of killing an innocent bystander with a stray bullet.
Jeffrey Cansanay is accused of second-degree murder for his alleged role in the October 2005 killing of Winnipeg teen Phil Haiart. The 17-year-old son of a Winnipeg surgeon was walking in the West End when he was caught in the crossfire of a gang shooting.
Jurors have spent the past month hearing evidence and began weighing their verdict Wednesday afternoon. They will remain sequestered until they reach a unanimous decision.
Cansanay, 23, previously went on trial in 2007 but was cleared of any wrongdoing by a judge who refused to allow videotaped police statements of two unco-operative witnesses to be played in court. The Manitoba Court of Appeal later overturned the decision and ordered a new trial, saying the judge had erred in law. The two intended targets of the bullets that hit Haiart were Gharib Abdullah and Cory Amyotte, who gave lengthy video statements in which they blamed Cansanay and his co-accused, Corey Spence. Their street gang, the Mad Cowz, had been waging war on Cansanay and his associates for selling drugs on their "turf" inside a McGee Street home. Their statements were pivotal to the Crown's case because police never recovered the weapon used to shoot Haiart, so no forensic analysis could be done.
However, Abdullah and Amyotte refused to take the witness stand at Cansanay's first trial. The Crown then tried to have their videotaped statements shown to jurors, but Justice Morris Kaufman refused on the grounds it wouldn't be fair to Cansanay to let their words go unchallenged by cross-examination. With no other evidence, the Crown was forced to close its case.
At Spence's trial a few weeks later, the judge agreed with the Crown's motion and jurors watched their videotaped evidence. The 19-year-old was convicted and given life in prison with no chance of parole for at least seven years after being raised from youth court.
Abdullah and Amyotte were cited for contempt of court for their refusal to testify and received precedent-setting prison terms -- four years for Amyotte, three-and-a-half years for Abdullah.
Both men were called to testify when Cansanay's new trial began last month. Abdullah was now co-operative, telling jurors he saw Cansanay open fire on him and Amyotte.
"Shots were going everywhere," he said. "I don't know where they landed," he said.
Cansanay's lawyer, Greg Brodsky, told jurors in closing arguments Wednesday it is dangerous to believe anything Abdullah and Amyotte told police and that his client should be cleared of any wrongdoing.
Jurors deliberate in gang war trial
Jurors have begun deliberating in the second-degree murder trial of a man accused of killing a Winnipeg doctor's son.
Jeff Cansanay is on trial for allegedly killing Phil Haiart, 17, who died of a gunshot wound to the stomach after he was shot near the intersection of Sargent Avenue and Maryland Street on the night of Oct. 10, 2005.
The Crown alleges that Cansanay fired the shots at rival gang members as part of a turf war over the crack cocaine trade in the city's West End.
The trial began on March 18. The jury of five women and seven men began deliberating his fate at 4:40 p.m. CT on Wednesday.
Cansanay, 24, has pleaded not guilty to the killing, along with three counts of attempted murder in connection to the shooting.
If convicted, he faces a life sentence without being eligible for parole for a minimum of 10 years. As a permanent resident who immigrated to Canada from the Philippines in 1994, Cansanay also faces deportation.
He is currently already fighting a deportation order issued after a prior conviction. Those hearings begin again in May.
The Crown's key witness in the killing was Gharib Abdullah, a former member of the Mad Cowz street gang who testified that he saw Cansanay holding a gun prior to the shots being fired that killed Haiart and wounded another man.
The Crown alleges that Abdullah and another man, Corey Amyotte, were the intended targets of the shooting.
Amyotte took the stand during the trial but claimed he wasn't at the scene of the crime, despite telling police otherwise in his statement to them a few days after the incident.
Key witness 'a violent liar'
In his closing argument on Thursday, defence lawyer Greg Brodsky urged jurors to dismiss Abdullah's testimony, saying it wasn't credible.Jurors were told that Abdullah and Amyotte were convicted of contempt of court after they refused to testify at Cansanay's first trial in 2007.
They were acquitted on charges of obstructing justice, but the Crown is appealing that decision.
Abdullah, a parolee, only testified in the current trial to help his case against deportation, Brodsky alleged.
"He told the story that the Crown wants you to hear," Brodsky said, calling Abdullah "a violent liar when it suits him."
"Lying comes easy to these people," the veteran lawyer said.
"Ask yourselves whether there's a firm foundation in this case.
"Ask yourselves whether Gharib Abdullah … is a person you can find that you believe — this time — beyond a reasonable doubt."
Gang war led to Winnipeg killing: Crown
Haiart shooting witness testifies
I have personally attended this trial numerous times, and I am not convinced beyond a reasonable doubt that Cansanay was in fact the shooter, because really the only evidence, is that of two gang members, who are far from reliable and whose testimonies should not be trusted or even considered. They have motives to lie, because they have been charged with other crimes and Cansanay was a rival gang member so they may have wanted to implicate him. Cansanay may have been at the McGee house that night, but I don't think he was the shooter.
If the jury does in fact accept the gang members' testimony, I feel that they should not convict of second degree murder or attempted murder, but only of discharge a firearm with intent. There is absolutely no evidence that Cansanay intended to kill Haiart and intended to attempt to murder Jalloh, who was wounded. They should consider the fact that if they believe Cansanay was the shooter, that he may have done so out of self-defence.
If I were a juror, I would be acquitting this man. The only evidence the Crown has, is eyewitness testimony from rival gang members! It is extremely dangerous to convict based solely on eyewitness testimony and especially testimony from individuals which are unreliable and should not be trusted.
If I were a juror, I would be acquitting this man. The only evidence the Crown has, is eyewitness testimony from rival gang members! It is extremely dangerous to convict based solely on eyewitness testimony and especially testimony from individuals which are unreliable and should not be trusted.
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