Parole eligibility set at 15 years for Cansanay

No parole for 15 years for Cansanay

The man who fired the shot that killed an innocent bystander caught in the crossfire of a gang turf war in Winnipeg's West End will spend 15 years behind bars before getting a shot at parole.

Court of Queen's Bench Justice Shawn Greenberg ruled Thursday morning on Jeff Cansanay's parole eligibility.

Greenberg said Cansanay has shown no interest in rehabilitation and that the public safety concerns presented by the case cried out for denunciation.

"Violence spilled onto the streets of the community, shattering the safety of the community," Greenberg said.

Cansanay, 24, was convicted of second-degree murder in late April for the death of teenager Phil Haiart in 2005.

Haiart was crossing the street near the corner of Sargent Avenue and Maryland Street when he was hit and killed by a single bullet meant for a gang member at war with Cansanay's own gang.

The Crown was seeking a 25-year period of prison without parole for Cansanay. In essence, it's the same sentence a person would receive for first-degree murder.

A second-degree murder conviction carries a mandatory life sentence, but usually an offender becomes eligible for release on parole after serving 10 years.

Possible appeal

Cansanay's lawyer, Greg Brodsky, previously argued that anything more than a decade in prison would be too harsh.

Family members in court shook their heads in apparent disbelief after hearing Greenberg's ruling on Thursday.

Brodsky said after the hearing that he would be speaking with Cansanay about a possible appeal.

Because he is a citizen of The Philippines who came to Canada as a boy, Cansanay faces immediate deportation when he's released from prison.

He is also currently battling a deportation order based on a prior drug conviction.

Victim shot while crossing street

Another person, Corey Spence, was with Cansanay at the time of the shooting.

Spence remains behind bars after he was also convicted of murder.

The Crown's case against Cansanay and Spence was built on the theory that mounting tensions between the African Mafia and Mad Cowz street gangs led to the shooting.

Mad Cowz members were furious that Cansanay and Spence — both associates of the African Mafia gang — were selling crack cocaine out of a house located squarely in Mad Cowz turf in the city's West End.

When Mad Cowz members Cory Amyotte and Gharib Abdullah went to confront Cansanay and Spence outside a home at 606 McGee Street — just metres from where the shooting happened — Cansanay and Spence emerged from the home, with Cansanay brandishing a rifle.

Haiart was crossing the street when he was hit once in the stomach by a stray bullet. He died in hospital hours later.

The teen's killing prompted outrage in the city, and led police to crack down on crime in the area.

Operation Clean Sweep, as it was known, became a full-time policing detail now called the street crime unit.

1st trial collapsed

Cansanay's first trial in 2007 fell apart after Amyotte and Abdullah refused to testify against him and the judge hearing the case refused to let jurors see the videotaped statements they made to police that implicated him.

Brodsky asked for, and won a directed verdict of not guilty and Cansanay walked out of court a free man.

Manitoba's Court of Appeal ordered a new trial after Manitoba Justice appealed, saying the judge's decision was incorrect.

But the case languished as Cansanay attempted to have the Supreme Court of Canada hear an appeal of the retrial decision.

Canada's highest court refused, and Cansanay was rearrested.

Cansanay parole eligibility raised to 15 years in shooting
A Manitoba judge has refused to hand down the maximum sentence to a Winnipeg gang member who killed an innocent bystander during a gunfight with a drug-dealing rival.

Jeffrey Cansanay was convicted last month of second-degree murder, which carries a mandatory life sentence with no parole eligibility for at least 10 years. But the Crown wanted Justice Shawn Greenberg to order Cansanay to spend at least 25 years behind bars -- the same punishment a person convicted of first-degree murder would face and the most severe sentence in the Criminal Code.

Greenberg said Thursday she would only raise parole eligibility to 15 years, despite the nature of the crime and Cansanay's lack of remorse and bleak chances at rehabiliation.

Cansanay, 24, will likely be deported back to his native Philippines immediately upon release from prison, court was told.

Cansanay was convicted for his role in the October 2005 killing of Phil Haiart. Haiart, 17, was walking in the West End when he was caught in the crossfire. Defence lawyer Greg Brodsky argued there was no reason to depart from the minimum parole eligibility because his client had no intention of killing Haiart.

Jurors were asked to make a parole recommendation following their verdict. One wanted time before parole raised to 25 years, one wanted it raised to 17 years, three wanted it raised to 15 years, four wanted to keep it at 10 years, and three jurors had no suggestion.

Cansanay previously went on trial in 2007 but was cleared by a judge who refused to allow videotaped police statements of two unco-operative key 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.

The two intended targets in the shooting were Gharib Abdullah and Cory Amyotte, who gave video statements in which they blamed Cansanay and 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. Their statements were pivotal to the Crown's case because police never recovered the gun used to shoot Haiart.

However, Abdullah and Amyotte refused to testify at Cansanay's first trial. The Crown tried to have their videotaped statements shown to jurors, but a judge refused. With no other evidence, the Crown was forced to close its case.

At Spence's trial, the judge allowed the videotaped evidence. The 19-year-old was convicted and given life in prison with no chance of parole for seven years.

Abdullah and Amyotte were cited for contempt of court and received precedent-setting prison terms -- four years for Amyotte, three-and-a-half for Abdullah. Both men testified at Cansanay's second trial in March. Abdullah told jurors he saw Cansanay open fire on him and Amyotte. Amyotte said he was in hiding at the time and didn't see anything.

No parole for 15 years
A man convicted of second-degree murder in the drug world killing of innocent bystander Phil Haiart will have to serve 15 years in prison before he is eligible for release.
A jury convicted 24-year-old Jeffrey Cansanay of second-degree murder last month.
Justice Shawn Greenberg delivered her ruling this morning.
Second-degree murder carries a mandatory sentence of life in prison with no chance of parole for at least 10 years. Prosecutors argued Cansanay should serve the maximum period of 25 years before he is eligible for parole.
"The murder he committed was one of those harsh awakenings for the city of Winnipeg," Crown attorney Gerry Bowering said at a sentencing hearing last month.
Haiart, 17, was walking near a McGee Street crack house in October 2005 when he was caught in the line of fire of two warring gangs and 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.
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.
Jurors found Cansanay guilty of three additional counts of discharging a firearm and not guilty of two counts of attempted murder. Defence lawyer Greg Brodsky argued the verdict showed jurors believed Cansanay lacked the intention to kill.
"(The jury) found there was a recklessness that amounted to second-degree murder ... This is an issue of recklessness, not deliberation," said Brodsky, who urged Greenberg not to increase Cansanay's period of parole ineligibility.
Brodsky had argued for an acquital for self-defence, which was rejected. The jury did acquit Cansanay of attempted murder.
Cansanay stood trial two times for killing Haiart. Cansanay was acquitted at his first trial in 2008. Justice Morris Kaufman ruled at the time videotaped statements given to Winnipeg police by Amyotte, Abdullah and another street gangster Jammal Jacob could not be admitted as evidence.
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.
Cansanay, a native of the Philippines, faces almost certain deportation upon the completion of his sentence.

Bystander's killer gets at least 15 years in prison
A convicted killer must spend at least 15 years in prison before he has a chance to be released on parole -- and into the waiting arms of border officials, who plan to immediately deport him from Canada.
Jeffrey Cansanay was convicted in April of second-degree murder for killing an innocent bystander with a stray bullet meant for a drug-dealing rival. He is a citizen of the Philippines and is expected to be given a one-way ticket home because of his violent criminal history. However, Canadian law requires that he finish serving his sentence before he can be kicked out of the country.
Cansanay, 24, faced a mandatory life sentence with no parole eligibility for at least 10 years. The Crown wanted that raised to 25 years, the same punishment a person convicted of first-degree murder would face and the most severe sentence in the Criminal Code. Cansanay's lawyer argued against the change.
Queen's Bench Justice Shawn Greenberg said Thursday she was upping the term to 15 years, citing Cansanay's lack of remorse, bleak prospects for rehabilitation and the nature of his crime. She noted there is no guarantee he will ever be released from prison.
Defence lawyer Greg Brodsky said they may consider appealing Greenberg's ruling, arguing there was no reason to depart from the minimum parole eligibility because his client had no intention to kill. Family and friends of the victim, Phil Haiart, expressed anger with the sentence.
"This man is a cold-blooded killer and convicted drug dealer. There is no justice for me or his family," Haiart's former girlfriend, Isora Van Dreser, said in an interview.
Haiart, 17, was walking through the West End in October 2005 when he was caught in the crossfire of a gang fight. The two intended targets in the shooting were Gharib Abdullah and Cory Amyotte, who gave video statements in which they blamed Cansanay and 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. Their statements were pivotal to the Crown's case because police never recovered the gun used to shoot Haiart.
Cansanay previously went on trial in 2007 but was cleared by a judge who refused to allow videotaped police statements of Abdullah and Amyotte to be played in court after both men refused to testify. The Manitoba Court of Appeal later overturned the decision and ordered a new trial, saying the judge had erred.
Abdullah and Amyotte were cited for contempt of court and received precedent-setting prison terms -- four years for Amyotte, three-and-a-half for Abdullah for refusing to testify.
Both testified at Cansanay's second trial when it began earlier this spring. Abdullah told jurors he saw Cansanay open fire on him and Amyotte. Amyotte said he was in hiding at the time and didn't see anything.
At Spence's trial, the judge allowed the videotaped evidence. The 19-year-old was convicted of second-degree murder and given life in prison with no chance of parole for seven years.

I disagree with the parole eligibility. I believe it should have been the minimum of 10 years. I completely disagree with mandatory minimum sentences as they treat all offenders as equal, when they are not. They also leave judges with no discretion to consider all of the circumstances surrounding an offender and the crime. I would like to know more about the mitigating factors in this case and more of the defence arguments and info about Cansanay's background life. I feel sorry for him, actually. As a young immigrant in Winnipeg's west end, he was surrounded by negative role models, gangs and crime and was likely pressured into becoming a gang member, either to make money to support his family or to support an addiction. 

Cansanay was convicted of three counts of discharging a firearm and of second degree murder, by a jury, which makes no sense. They believe that he was reckless in discharging a firearm, but then say he has the intent required for second degree murder? Cansanay recklessly fired a gun and shots accidentally hit the innocent man and his friend, which were intended for two rival gang members. This was not an intentional killing and Cansanay should have been found guilty of manslaughter instead of second degree murder, along with the 3 counts of discharging a firearm.

I also disagree with deportation of Cansanay. He is a Canadian citizen and it shouldn't matter where he came from, he should be allowed to stay in Canada. That is a right.  

Cansanay convicted in Haiart killing

Gang war led to Winnipeg killing: Crown

Cansanay and gang behind jail riot

Cansanay and gang behind jail ruckus

JEFFREY Cansanay spent the hours leading up to his sentencing hearing wreaking havoc inside a Manitoba jail.

The convicted killer was one of nine members of the African Mafia street gang who caused a minor uprising at the Headingley Correctional Centre overnight Monday, forcing the jail's crisis negotiation team to go in and contain the melée.

Crown attorney Gerry Bowering told court Wednedsday the incident began when Cansanay and two other inmates complained about access to showers and telephones, which were being repaired in their unit.

Bowering said they "didn't like the response" they got and began throwing newspapers and smashing furniture. Several gang members also began calling the guards "racist," court was told.

There were no serious injuries. Provincial officials didn't provide a damage estimate.

Headingley had 753 prisoners Tuesday, significantly more than the 485 male inmates the jail is meant to hold. Block 10, where the incident happened, houses members of the African Mafia.

Maybe we shouldn't deprive inmates of access to shower and telephones and they wouldn't start a riot. Deprivations only cause more harm than good. It causes inmates to become bitter, frustrated and angry and start a ruckus. 

Maximum time without parole -- 25 years -- sought for Cansanay, convicted of second degree murder

Maximum time sought for Cansanay -- 25 years without parole

Maximum time sought

A man convicted of second-degree murder in the drug world killing of innocent bystander Phil Haiart should serve 25 years in prison before he is eligible for parole, a judge was told Wednesday.

A jury convicted 24-year-old Jeffrey Cansanay following a trial last month.

Second-degree murder carries a mandatory sentence of life in prison with no chance of parole for at least 10 years.

Increasing Cansanay’s parole ineligibility to the maximum period of 25 years “would reflect the nature of the offence and the circumstances of its commission,” Crown attorney Gerry Bowering told Justice Shawn Greenberg.

“The murder he committed was one of those harsh awakenings for the city of Winnipeg,” Bowering said.

Haiart, 17, was walking near a McGee Street crack house in October 2005 when he was caught in the line of fire of two warring gangs and 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.

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.

Jurors found Cansanay guilty of three additional counts of discharging a firearm and not guilty of two counts of attempted murder. Defence lawyer Greg Brodsky argued the verdict showed jurors believed Cansanay lacked the intention to kill.

“There was a recklessness that amounted to second-degree murder ... This is an issue of recklessness, not deliberation,” said Brodsky, who urged Greenberg not to increase Cansanay’s period of parole ineligibility.

Cansanay stood trial two times for killing Haiart. Cansanay was acquitted at his first trial in 2008. Justice Morris Kaufman ruled at the time videotaped statements given to Winnipeg police by Amyotte, Abdullah and another street gangster Jammal Jacob could not be admitted as evidence.

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.

Cansanay, a native of the Philippines, faces almost certain deportation upon the completion of his sentence.

A man convicted of second-degree murder in the drug world killing of innocent bystander Phil Haiart, should serve 25 years in prison before he is eligible for parole, a judge was told this morning.

A jury convicted Jeffrey Cansanay following a trial last month.

Second-degree murder carries a mandatory sentence of life in prison with no chance of parole for at least 10 years.

Increasing Cansanay's parole ineligibility to the maximum period of 25 years "would reflect the nature of the offence and the circumstances of its commission," Crown attorney Gerry Bowering told Justice Shawn Greenberg.

Cansanay was convicted in the shooting death of Haiart on April 22.

Defence lawyer Greg Brodsky urged Greenberg not to increase Cansanay's period of parole ineligibility.

"There was no intention to kill," Brodsky argued. "There was a recklesness that amounted to second-degree murder ... This is an issue of recklesness, not deliberation."

Haiart, 17, was walking near a McGee Street crack house in October 2005 when he suffered a fatal gunshot wound to the abdomen, apparently caught in the cross fire between gang members.

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.

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.

Spence was convicted of second-degree murder following a trial in 2007 and sentenced as an adult to life in prison.

Killer gangster must do 25 years: Crown
Manitoba justice is seeking the maximum sentence for a gang member who killed an innocent bystander during a gunfight with a drug-dealing rival.
Jeffrey Cansanay was convicted last month of second-degree murder, which carries a mandatory life sentence with no parole eligibility for at least 10 years. But the Crown wants Justice Shawn Greenberg to order Cansanay to spend at least 25 years behind bars -- the same punishment a person convicted of first-degree murder would face and the most severe sentence in the Criminal Code. "This was not a spur-of-the-moment shooting. He was prepared to shoot rivals on sight," prosecutor Gerry Bowering told court.
Cansanay, 23, was convicted for his role in the October 2005 killing of Phil Haiart. Haiart, 17, was walking in the West End when he was caught in the crossfire. Defence lawyer Greg Brodsky argued there is no reason to depart from the minimum parole eligibility because his client had no intention of killing Haiart.
Greenberg reserved her decision.
Jurors were asked to make a parole recommendation following their verdict. One wanted time before parole raised to 25 years, one wanted it raised to 17 years, three wanted it raised to 15 years, four wanted to keep it at 10 years, and three jurors had no suggestion.
Cansanay previously went on trial in 2007 but was cleared by a judge who refused to allow videotaped police statements of two unco-operative key 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.
The two intended targets in the shooting were Gharib Abdullah and Cory Amyotte, who gave video statements in which they blamed Cansanay and 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. Their statements were pivotal to the Crown's case because police never recovered the gun used to shoot Haiart.
However, Abdullah and Amyotte refused to testify at Cansanay's first trial. The Crown tried to have their videotaped statements shown to jurors, but a judge refused. With no other evidence, the Crown was forced to close its case.
At Spence's trial, the judge allowed the videotaped evidence. The 19-year-old was convicted and given life in prison with no chance of parole for seven years.
Abdullah and Amyotte were cited for contempt of court and received precedent-setting prison terms -- four years for Amyotte, three-and-a-half for Abdullah. Both men testified at Cansanay's second trial in March. Abdullah told jurors he saw Cansanay open fire on him and Amyotte. Amyotte said he was in hiding at the time and didn't see anything.

Maximum sentence sought for Jeffrey Cansanay
WINNIPEG  - The Crown is seeking the maximum sentence allowed by law for a Winnipeg gang member who killed an innocent bystander with a stray bullet in a gunfight with one of his drug-dealing rivals.
Jeffrey Cansanay was convicted last month of second-degree murder, which carries a mandatory penalty of life in prison with no parole eligibility for at least 10 years.

Crown attorney Gerry Bowering today told Queen’s Bench Justice Shawn Greenberg she should use her judicial discretion and order Cansanay to spend at least 25 years behind bars – the same punishment a person convicted of first-degree murder would face, and the most severe sentence in the Criminal Code.
Defence lawyer Greg Brodsky argued there is no reason to depart from the minimum parole eligibility. Greenberg has reserved her decision until later this spring.
Jurors were asked to make a parole recommendation following their verdict, and were all over the map:

• one juror wanted time before parole raised to 25 years,
• one wanted it raised to 17 years,
• three wanted it raised to 15 years,
• four wanted to keep it at 10 years, and
• three jurors had no suggestion.

Cansanay, 23, was convicted following a six-week trial for his role in the October 2005 killing of Winnipeg teen Phil Haiart. 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. His death outraged Winnipeggers and triggered beefed-up police patrols of the area.
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 key 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 in March. 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."
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.
Brodsky told jurors in closing arguments it was dangerous to believe anything Abdullah and Amyotte told police and that his client should be cleared of any wrongdoing.

First of all, I think the headline of this article is biased. This man should not be labeled a "killer" just because 12 people decided he was. There is still a chance that he was wrongfully convicted or convicted of the wrong offence and he should not be given such a label. His guilt will never be certain.

I do not agree with the maximum time of 25 years without parole. First of all, I did not think there was enough evidence to prove Cansanay's guilt beyond a reasonable doubt and I thought he should have been found innocent or at least, guilty of manslaughter and discharging a firearm x2. Research has shown that longer prison sentences actually increase recidivism significantly for violent offenders. This is not in society's best interests, because one day, this man will be released. Personally, I disagree with MMS, because they leave judges with no discretion in considering all circumstances of a crime and of the offender, in deciding upon an appropriate sanction. Also, with longer sentences, comes institutionalization of the inmates. They become institutionalized to the point where they are no longer capable of functioning properly in the outside world. They begin to lose the ability to think for themselves and make their own decisions freely, as prison is a total institution, where activities and movements are strictly controlled, with routines, restrictions and rules. 

In this case, I feel that the best option for society's interests, would be imposing 10 years with no parole. There is no reason to depart from the minimum parole eligibility because Cansanay had no intention of killing Haiart. He was caught in the crossfire. 

Jury finds Jeffrey Cansanay guilty of second degree murder, after more than a day of deliberations

Jeffrey Cansanay was found guilty of second degree murder by a jury on Thursday evening after they had been deliberating since Wednesday afternoon. 

Cansanay guilty of second degree murder

A jury has convicted Jeffrey Cansanay of second-degree murder in the October 2005 shotgun death of an innocent teen caught in a violent drug war’s line of fire.

The verdict was delivered at about 9:30 p.m. Thursday. Jurors had started deliberating late Wednesday afternoon.

Cansanay, 24, stood with his hands in his pockets and wore a stony expression that did not change as the verdict was read out.

Cansanay was also found guilty of three additional counts of discharging a firearm. He was found not guilty of two counts of attempted murder. A date for a sentencing hearing to determine when he should eligible for parole will be set next month.

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.

Guilty in shooting death
JURORS have found a Winnipeg gang member guilty of killing an innocent bystander with a stray bullet meant for one of his drug-dealing rivals -- three years after he was cleared of any wrongdoing for the same crime.
Jeffrey Cansanay was convicted Thursday night of second-degree murder and several weapons offences for his role in the October 2005 killing of Winnipeg teen Phil Haiart.
Haiart was walking in the West End when he was caught in the crossfire of a gang shooting. His death outraged Winnipeggers and triggered beefed-up police patrols of the area.
Jurors spent the past month hearing evidence and began deliberations Wednesday afternoon. They returned with a verdict just after 9:30 p.m. Thursday.
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 key 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.
Cansanay now faces a mandatory sentence of life in prison with no chance of parole for at least 10 years. The judge has the option of raising it to between 11 and 25 years. Sentencing has been adjourned until later this spring. Cansanay remains in custody.
Cansanay showed no visible reaction to the verdict, which was also heard by members of Haiart's family.
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.
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.
Cansanay's lawyer, Greg Brodsky, told jurors in closing arguments Wednesday it was dangerous to believe anything Abdullah and Amyotte told police and his client should be cleared of any wrongdoing.
Jurors clearly disagreed.

Jeffrey Cansanay is charged with the second degree murder of Philip Haiart and 3 counts of attempted murder for Abass Jalloh, Gharib Abdullah and Corey Amyotte. 

For the jury to convict Cansanay of second degree murder, they must be convinced beyond a reasonable doubt that Cansanay caused the death of Haiart and that his actions were intentional.

If the jury is not satisfied that Cansanay's actions killed Haiart, they must acquit him of all charges. 

If they are satisfied that he did kill Haiart but that it was NOT INTENTIONAL, then they must convict Cansanay of Manslaughter (unintentional killing).  

For the jury to convict of attempted murder, they must be satisfied beyond a reasonable doubt that Cansanay had the intent to murder innocent bystander Jalloh and two rival gang members, Abdullah and Amyotte.

If the jury is NOT satisfied that Cansanay had the INTENT to murder the three individuals, they must convict of Discharge a Firearm with Intent, which means Cansanay did discharge the gun at Abdullah and Amyotte with intent, but did not intend to injure Jalloh.

The Crown alleges that Cansanay fired the shots at rival gang members as part of gang war over territory regarding the selling of crack cocaine. 

The Crown's key witness was Gharib Abdullah, the rival gang member who the Crown alleges, the bullets were intended for. He testified that he saw Cansanay holding a gun prior to the shots being fired that killed Haiart and wounded Jalloh. He did NOT directly see Cansanay fire the gun. He never saw WHO pulled the trigger. In the previous trial against Cansanay, where he was acquitted, Abdullah refused to testify and was convicted of contempt of court. He is an active member of the Mad Cowz gang, a rival gang to the one Cansanay was a member of, the African Mafia. Abdullah may simply want to implicate Cansanay because he was a rival gang member who left the Mad Cowz. Defence argued that Abdullah's testimony is uncredible and should be dismissed because both Abdullah and Amyotte were convicted of contempt of court after they refused to testify at Cansanay's first trial in 2007. They are manipulative and have lied in the past. Abdullah, who is on parole currently, only testified in the current trial to help his case against deportation, defence alleged. He only told the story that the Crown wants the jury to hear. Defence said, lying comes easy to these people.  

Amyotte also took the stand but claimed he wasn't at the scene of the crime, which is inconsistent with his videotaped statement to police.

I would not have believed anything that Amyotte or Abdullah were saying. To me, the Crown did not prove Cansanay's guilt beyond a reasonable doubt and therefore, I felt that he should have been acquitted of all charges. Both rival gang members were unreliable, had been convicted previously for contempt of court and had motive to lie, to implicate a rival gang member (Cansanay). I was not satisfied beyond a doubt that Cansanay was the one who pulled the trigger and who INTENTIONALLY murdered Haiart and wounded Jalloh. I am not sure where the jury found the evidence suggesting that it was an intentional murder... because to me, there wasn`t any. It is dangerous to convict based solely on eyewitness testimony which cannot be corroborated by other sources or physical evidence, especially testimony from witnesses which are unreliable and not trustworthy.

In this case, the jury made parole recommendations for Cansanay. One said 25 years, one said 17 years, three said 15 years, four said 10 years and three had no recommendation. 

I would suggest the least amount possible, which is 10 years. The Judge will sentence Cansanay later this spring. Until then, he remains in custody.  

Jeffrey Cansanay Murder Trial

Jeffrey Cansanay is charged with the second degree murder of Philip Haiart and 3 counts of attempted murder for Abass Jalloh, Gharib Abdullah and Corey Amyotte. 

For the jury to convict Cansanay of second degree murder, they must be convinced beyond a reasonable doubt that Cansanay caused the death of Haiart and that his actions were intentional.

If the jury is not satisfied that Cansanay's actions killed Haiart, they must acquit him of all charges. 

If they are satisfied that he did kill Haiart but that it was NOT INTENTIONAL, then they must convict Cansanay of Manslaughter (unintentional killing).  

For the jury to convict of attempted murder, they must be satisfied beyond a reasonable doubt that Cansanay had the intent to murder innocent bystander Jalloh and two rival gang members, Abdullah and Amyotte.

If the jury is NOT satisfied that Cansanay had the INTENT to murder the three individuals, they must convict of Discharge a Firearm with Intent, which means Cansanay did discharge the gun at Abdullah and Amyotte with intent, but did not intend to injure Jalloh.

The Crown alleges that Cansanay fired the shots at rival gang members as part of gang war over territory regarding the selling of crack cocaine. 

The Crown's key witness was Gharib Abdullah, the rival gang member who the Crown alleges, the bullets were intended for. He testified that he saw Cansanay holding a gun prior to the shots being fired that killed Haiart and wounded Jalloh. He did NOT directly see Cansanay fire the gun. He never saw WHO pulled the trigger. In the previous trial against Cansanay, where he was acquitted, Abdullah refused to testify and was convicted of contempt of court. He is an active member of the Mad Cowz gang, a rival gang to the one Cansanay was a member of, the African Mafia. Abdullah may simply want to implicate Cansanay because he was a rival gang member who left the Mad Cowz. Defence argued that Abdullah's testimony is uncredible and should be dismissed because both Abdullah and Amyotte were convicted of contempt of court after they refused to testify at Cansanay's first trial in 2007. They are manipulative and have lied in the past. Abdullah, who is on parole currently, only testified in the current trial to help his case against deportation, defence alleged. He only told the story that the Crown wants the jury to hear. Defence said, lying comes easy to these people.  

Amyotte also took the stand but claimed he wasn't at the scene of the crime, which is inconsistent with his videotaped statement to police.

Personally, if I were a juror, I would not be believing anything that Amyotte or Abdullah are saying. To me, the Crown has not proven Cansanay's guilt beyond a reasonable doubt and therefore, I feel he should be acquitted of all charges. 

Delberations begin in Jeffrey Cansanay murder trial

Jury considers fate of accused trigger-man in Haiart killing

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.

1. 
   
   • Supreme Court won't hear gang member's appeal
   • Gangsters not guilty of obstructing justice: judge
   • Casualties mount amid the gunfire
   • Taped statements allowed in gang shooting trial

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.

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.    

Jeffrey Cansanay Trial April 8, 2010

This morning, I attended the Jeffrey Cansanay second degree murder trial. Cansanay has pleaded not guilty to second degree murder and 3 counts of attempted murder in the injuries and death of two innocent bystanders. 

Constable DeGrout was testifying this morning regarding the police statement of Cory Amyotte, who was a gang member who was the intended victim of the shooting, but managed to escape with his fellow gang member, Gharib Abdullah, also another target. Amyotte told the police that he had been bike riding with Gharib near Cansanay's (rival gang member) crack house (which was in the "turf" of Gharbi and Amyotte). The constable testified about what Amyotte told him. Amyotte said that Jeffrey started shooting and was with another man, Corey Spence, who didn't have a gun. He agreed to be interviewed on a video statement but refused to identify the individuals involved (Cansanay and Spence) on video, for fear that he was placing himself and his family at risk of being victimized by that gang. Immediately after Jeff started shooting, Gharib and Amyotte took off on their bikes but heard more shots coming from behind them. 

Amyotte was shown two separate photo packs. One of them had Corey Spence's picture in it and the other had Jeff Cansanay's picture in it. Amyotte picked out Spence's photo, saying that he had seen him at the shooting but that he didn't have a gun. He also selected Cansanay's picture, saying that he was also at the shooting and he had a gun and was "holding it like a sniper."

Constable DeGrout said that during the interview, he never mentioned who the suspects in this homicide investigation were and did not indicate who the shooter(s) were/was in any way. He also did not offer Amyotte any benefits or rewards for testifying. It was completely voluntary.  

Cory Amyotte was not forced to come forward with this information. He believed his family was in danger, but yet he still did the right thing. He called the police himself and volunteered this information that he witnessed.  I don't believe that he had any motive to lie about anything that he said.

After having seen a considerable portion of this trial, so far, I believe that Cansanay should only be found guilty of manslaughter and 3 counts of attempted murder, instead of second degree murder. From the evidence so far, I don't believe that he had the INTENT to harm the innocent victims. He was recklessly shooting, in my opinion and a stray bullet happened to strike the victims.

Gang member blames drugs for failed memory of the shooting

Gangster can't recall shooting

He has already testified two times in the trials of two men accused of killing innocent bystander Phil Haiart.

But when brought to court Monday to testify in the trial of Jeffrey Cansanay, the street gangster couldn’t remember a thing.

The 19-year-old member of the Mad Cowz street gang spent more than two hours on the witness stand, during which time he refused to admit he had any knowledge of the October 2005 killing.

Cansanay, 23, is charged with second-degree murder. The Crown alleges Cansanay shot Haiart and another man while firing at two street gangsters fleeing from a McGee Street crack house.

In the hours and days leading up to the shooting, the house was the focus of several violent confrontations involving the Mad Cowz street gang and a breakaway gang, the African Mafia.

Crown attorney Gerry Bowering read excerpts from the 19-year-old witness’ 2005 police statement, in which he described a shoot-out outside the crack house the day before Haiart was killed.

“I don’t remember that,” the man said. “If I remember, I will let you know.”

The man looked bored as he propped his head in his hands and repeatedly claimed no memory of his police statement.

At one point the man accused police of beating him until he implicated Cansanay in the killing. Later he blamed his poor memory on his drug use.

“Is it not correct, that what you are doing here today is pretending that you have memory loss so you won’t be placed in the position to have to describe what happened to the jury?” Bowering said.

“No. I don’t remember, man,” the man responded.

The Crown alleges Gharib Abdullah and Corey Amyotte were the men Cansanay was shooting at when Haiart was caught in the line of fire and killed.

Last week Abdullah testified he and Amyotte had approached the crack house “to talk about the problem” when Cansanay pointed a sawed-off rifle at them and a co-accused ordered him to shoot.

Amyotte testified Monday he was “in hiding” at his girlfriend’s apartment the day Haiart was killed.

“I did a shooting the night before and I would not have been in the area at that time,” he told court.

Gang member blames drugs for failed memory

Called to testify for 3rd time, Mike Ndlovu no longer can remember

A Winnipeg street gang member says he no longer remembers the events and details of a bitter gang dispute that led up to the shooting of innocent bystander Phil Haiart.

Dressed in an orange prisoner's jumpsuit and escorted into court by sheriffs, Michael Ndlovu was called by the Crown to testify on Monday at the second-degree murder trial of Jeffrey Cansanay.

Cansanay, 24, is accused of shooting and killing Haiart, 17, on Oct. 10, 2005 while allegedly aiming at rival gang members in the city's West End. Haiart was just walking by the scene when he was shot in the abdomen and died.

'It's the drugs, maybe?'—Michael Ndlovu

Cansanay is also charged with attempted murder of three other people, two of them members of the Mad Cowz street gang. Those charges also stem from the same incident.

Jurors heard on Monday that Ndlovu is a member of the Mad Cowz and allegedly has personal knowledge of a bitter inter-gang dispute leading to a series of violent incidents prior to the shooting of Haiart near a crackhouse at 606 McGee Street.

The Crown alleges the gang was in a dispute over drug turf with rivals Cansanay and Corey Spence, who were associates of the African Mafia, a disaffected splinter group of the Mad Cowz.

Jurors heard Ndlovu had previously testified in prior trials involving Cansanay and Spence.

But on Monday, Ndlovu told court he didn't remember testifying previously, nor any events leading up to the shooting hours before it happened.

In an attempt to refresh Ndlovu's memory, Crown attorney Gerry Bowering read him portions of a statement he had given to police one day after the shooting.

In his statement, Ndlovu told police he had been summoned to a crackhouse at 606 McGee Street in Winnipeg hours prior to the fatal shooting of Haiart.

On arrival, he told police he had been confronted and shot at by Cansanay at the behest of Spence.

However, Ndlovu testified he doesn't remember anything that happened.

"If I could remember, I'd let you know," Ndlovu said.

Asked how he could forget being the target of gun violence, Ndlovu said many years of drug abuse could be affecting his memory.

"It's the drugs, maybe?," he said.

Bowering challenged Ndlovu's claims of memory loss and said he was reluctant to say what happened because he's currently in jail and would be labeled a "rat."

With a simple "no," Ndlovu denied this.

Fear led to silence: gang member

Last week, Gharib Abdullah, a 22-year-old Mad Cowz member testified for the first time in any proceeding regarding the allegations against Cansanay or Spence.

Jurors heard Abdullah was convicted of contempt of court and handed a three-year prison term for his refusal to testify in past hearings. He is currently out on parole from that sentence.

Abdullah maintained his refusal to implicate either Spence or Cansanay back then had to do with his being in jail at the time he was called by the Crown to testify. He was concerned for the safety of himself and his family, he said.

"Put yourself in my situation — If you were a rat, what do you think [other inmates] they're going to do to you — just say 'hi?,'" he said.

"They're going to kill you."

"I didn't want to do it 'cuz I was in jail … they're gonna hurt me," Abdullah said. He claims to have disavowed the gang lifestyle.

Cansanay's trial is slated to continue over the next seven weeks.

Gang member testified in Cansanay murder trial

Gang member testifies in Cansanay trial
"Didn't see who shot"

A crown witness said Thursday he saw a gun in the hands of a man accused of second-degree murder in connection to the shooting death of an innocent bystander.

Gharib Abdullah, a member of the Mad Cowz street gang, testified on Thursday that he saw Jeffrey Cansanay and a teen boy emerge from a home in the city's West End and that Cansanay was carrying what appeared to be a .22-calibre rifle.

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.

'Now I'm trying to tell you guys the truth and you guys say I'm lying. I'm trying to tell you guys the truth.'—Gharib Abdullah

The 22-year-old said when he saw the gun he and another member of the Mad Cowz turned and fled on their bicycles.

"I seen the gun, I just turned around and left – I didn't want to stick around," Abdullah said. As many as seven shots were heard, he said.

"Shots was going everywhere — I don't know where they landed."

Abdullah testified, however, that he never saw who pulled the trigger.

"I seen the gun in [Cansanay's] hand, but I didn't see him shoot … I turned around. I didn't see who shot," he said. "I saw him holding a gun, I turned around and I heard gun shots. That's it," Abdullah said.

Drug dispute led to killing

The Crown alleges that a dispute between the Mad Cowz and associates of a rival gang over the sale of drugs out of a crackhouse at 606 McGee Street led to the shooting.

The home had been the scene of a series of violent incidents in the hours leading up to the shooting, court previously heard.

Haiart and another man were simply walking in the area of the shooting and were struck by errant bullets that police and the Crown allege were fired by Cansanay.

Abdullah said he went to the home that night to sell drugs and possibly "talk about the problem" with people inside. Along with him was Corey Amyotte, another Mad Cowz member.

The two were standing in a large parking lot across the street from the home when Cansanay — a man he knew at the time as "Jeff," — and the teen boy came outside to confront them.

Abdullah testified that he knew that there could be trouble if he was seen near the home. Either he or Amyotte was armed with a can of bear spray, he said.

"I know if I go there, there's gonna be a problem … can't just go there and sell drugs. It's not your turf," you know," Abdullah said.

Neither Abdullah nor Amyotte were injured. However Cansanay is also charged with attempted murder for allegedly trying to kill them.

Abdullah said hours after the shooting, officers came to his house holding a picture of Haiart.

"They said this guy got killed and we're gonna charge you with it because you were there," Abdullah said.

Crown Attorney Gerry Bowering questioned Abdullah on the reason for his dour demeanor while in the witness box.

His answers seemed to come reluctantly, and were often limited to a 'yes' or a 'no.'

"This is the first time, I'm nervous — put yourself in my shoes," he said. "Now I'm trying to tell you guys the truth and you guys say I'm lying. I'm trying to tell you guys the truth," Abdullah said. 


Witness said Cansanay pointed shotgun, but didn't see who shot
His answers came slowly and reluctantly, but in the end, his testimony placed a shotgun in the hands of Jeffrey Cansanay.
But Gharib Abdullah stopped short of saying Cansanay fired the shots that killed 17-year-old bystander Phil Haiart.
Abdullah said he and another man, Corey Amyotte, fled on bicycles as soon as they saw Cansanay pointing a shotgun at them outside a McGee Street crack house.
“I seen the gun and I just left, I was afraid of getting shot,” Abdullah said. “I didn’t see who shot it. It could have been someone else.”
“You’re sounding like a defence lawyer,” cracked Crown attorney Gerry Bowering.
Haiart was two weeks shy of his 18th birthday when, on Oct. 10, 2005, he suffered a fatal gunshot wound to the abdomen.
Cansanay is on trial charged with second-degree murder.
Prosecutors allege Cansanay and a co-accused were associates of the African Mafia, a splinter gang of the Mad Cowz, with whom they were engaged in a bitter turf war. Abdullah and Amyotte were allegedly aligned with the Mad Cowz.
Abdullah testified he and Amyotte approached the crack house “to talk about the problem, why we were fighting each other and what not.”
Abdullah said he and Amyotte were in the parking lot of a nearby video store when Cansanay and a teen accused appeared at the front of the crack house. The teen accused pulled out a rifle and told Cansanay to shoot, Abdullah said.
“Shots were going everywhere,” he said. “I don’t know where they landed.”
The alleged targets escaped harm. Instead, Haiart was shot in the abdomen and another man, 25-year-old Abbas Jalloh, was shot in the arm.
Jurors heard Abdullah was convicted of contempt of court and sentenced to three years in prison in connection with his refusal to testify about the killing in 2007.
“In jail, they don’t like people who rat,” said Abdullah, who is no longer in custody. “I was scared for my safety, my family’s safety, everybody’s safety ... Put yourself in my position. If you were locked up, and you were a rat, what do you think they are going to do? Say ‘hi’ and that’s it?”
Defence lawyer Greg Brodsky accused Abdullah of lying to escape possible deportation.
“Yeah, I’m afraid to be deported,” he said. “(Police) just want me to tell the truth and I am telling the truth.”

So far in this trial, it's becoming clear to me, that the facts the Crown once thought were fairly solid, are starting to fall apart. If Abdullah cannot say for certain that Cansanay fired the gun, that is a problem for the Crown's case. Maybe Amyotte will be able to say something different, but as of now, it will be a challenging case for the jury to decide on, when the time comes. 

Haiart shooting witness testifies in Cansanay murder trial

Haiart shooting witness testifies

A man who was walking with Phil Haiart at the time the teen was fatally shot testified on Tuesday at the second-degree murder trial of the man accused of pulling the trigger.

Prosecutors say Abass Jalloh, now 30, and Haiart, 17, inadvertently walked into a gang-related shooting when the two began crossing Maryland Street near Sargent Avenue about 11 p.m. on Oct. 10, 2005.

Haiart died from his injuries and Jalloh was shot in the forearm.

'I got to talk to the jury — I don't got to talk to you.'—Abass Jalloh

Jeffrey Hernandez Cansanay, 24, is charged with the killing and three counts of attempted murder. He has pleaded not guilty.

On Tuesday, Jalloh told jurors that he met Haiart outside a convenience store a few blocks east of the eventual crime scene and the two began walking towards it.

Jalloh said he and Haiart reached the intersection and began crossing the street when two people riding bicycles and wearing hooded sweatshirts whizzed by, Jalloh said.

The Crown alleges the two men on the bikes were the intended targets of the shooting, and that Haiart and Jalloh were innocent bystanders.

"I just see them going fast and hear two gunshots, after that I hear two more gunshots," he testified. One of the bullets ripped through Jalloh's right forearm and the other hit Haiart in the stomach.

Jalloh said he was confused about where the bullets were coming from because it was dark, but added he thought he heard one of the people on the bikes say the word "dip" — meaning to duck out of the way in street parlance. He's still not sure if the warning was meant for Haiart and him, Jalloh said.

"Maybe they were talking to themselves," Jalloh said.

In the sudden explosion of events, Jalloh said he didn't notice what had happened to Haiart until he turned and began running the other way.

He also said he didn't know how badly Haiart was hurt until the two made it about a block away and the teen dropped to the sidewalk and began crawling.

"Ooh, something's wrong," Jalloh told jurors he remembers thinking at the time.

The only thing Haiart said to him is that he had been shot, Jalloh said. He said Haiart showed him a bullet wound in his abdomen.

Jalloh said he put his hand over the teen's wound to try to staunch the bleeding and began asking passersby for help.

About two minutes later, the first police car arrived.

Gang war sparked shooting

The Crown alleges the people Jalloh saw on the bicycles were members of Winnipeg's Mad Cowz street gang and the intended targets of the shooting.

The Mad Cowz were angry with Cansanay and a teenaged boy who was selling crack cocaine out of the house at 606 McGee St. where Cansanay lived, the Crown told jurors on Monday. The house is just metres from where Haiart and Jalloh were shot.

Crown attorney Gerry Bowering said Cansanay and the teen confronted the gang members as they stood watching activities at the house, which had been the scene of an attempted firebombing just hours earlier.

Police and the Crown allege Cansanay pointed and fired shots from a .22-calibre rifle which has never been recovered.

Conflicting testimony

Jalloh gave conflicting answers as to whether he knew Haiart prior to the night of the shootings.

Under direct examination by the Crown, he said Haiart was a total stranger who approached him outside the convenience store and asked for a cigarette.

The two walked together so that Haiart could have the last drag of the smoke, he initially said.

However, under cross-examination by defence lawyer Ryan Amy, Jalloh said Haiart may have looked like someone he had met previously, and that Haiart had expressed an interest to him that night about where he could "get some girls."

Jalloh also told court that police transcripts of interviews they conducted with him after the shooting are not accurate.

He also said the McGee Street house had a reputation on the street as being a drug house.

At times, Jalloh appeared confrontational during his testimony. When defence lawyer Greg Brodsky asked him to speak up so he could hear clearly, Jalloh shot back: "I got to talk to the jury — I don't got to talk to you."

I don't know if this witness is credible, as he gave conflicting testimony in court. Which side of his story do you believe? If he is lying now, could he have lied at another point during his testimony? These are some valid questions. I think it will be very difficult for the Crown to prove beyond a reasonable doubt that Cansanay INTENDED to murder Haiart and intended to attempt to murder Haiart's friend and the two rival gang members. Personally, I don't think he intended to murder Haiart, because the bullets were meant for the other gang members, not him. I think at this point, I would be leaning towards a guilty verdict of manslaughter for Haiart (where intent is not necessary) and two counts of attempted murder (for the rival gang members). 

The defence will likely attempt to utilize a self-defence claim, which I believe, is valid. The rival gang members had engaged in a "shootout" with Cansanay the night before the murder and hours prior to the murder, had attempted to firebomb his home, which was unsuccessful. It's only reasonable that he would fear for his life, when these same gang members showed up outside his home once again. I would argue that he didn't know what they were going to do next and attempted to shoot at them, in order to protect himself.